Austin Motorcycle Accident Attorney

Trial-Ready Representation for Injured Austin Riders

When another person or entity acts carelessly or recklessly and injures you or a loved one, you may have grounds to pursue legal action. Our Austin motorcycle accident attorneys at Howry Breen & Herman, LLP can investigate the crash, address rider bias, document your losses, and prepare the claim for negotiations or trial. Depending on the evidence, a claim may involve another driver, a commercial vehicle operator, an employer, a defective vehicle, or a dangerous roadway condition.

Howry Breen & Herman, LLP brings nearly 25 years of trial experience to motorcycle crash claims involving serious injuries, disputed fault, and wrongful death. Our Austin-based firm serves clients across Texas, and our personal injury work includes motor vehicle crashes, catastrophic injury, and death claims.

We assist clients with obtaining medical care and rental cars while explaining the legal process clearly. Our firm works on a contingency fee basis, which means you pay nothing unless we win your case. We’ve recovered hundreds of millions of dollars in verdicts and settlements for clients, but the value of an individual motorcycle claim depends on its specific injuries, evidence, liability, and insurance coverage.

Call our law office at (512) 430-4844 or fill out a confidential contact form today to get started with our Austin motorcycle accident attorney for a free, no-obligation consultation. We assist clients in Austin, Georgetown, and the nearby areas.

Proving Negligence in an Austin Motorcycle Crash

Drivers who fail to watch for motorcyclists can cause crashes through distracted driving, unsafe turns, or other negligent conduct. Dangerous road design or conditions can also contribute to motorcycle accidents.

A liability investigation must connect a careless act to the collision and the rider’s injuries. Right of way, blind spots, vehicle speed, lane position, sight lines, traffic controls, and roadway maintenance may all matter. A driver’s statement that the motorcycle wasn’t seen doesn’t resolve whether that driver checked carefully, yielded when required, or otherwise used reasonable care.

Common causes of motorcycle accidents involving negligence include:

• Using a cell phone, including texting while driving.
• Driving while intoxicated.
• Speeding, street racing, or engaging in other reckless behavior.
• Turning left or otherwise moving into an oncoming rider’s path.
• Changing lanes without checking for a motorcycle.
• Opening a vehicle door into a rider’s path.
• Following a motorcycle too closely.
• Designing unsafe turns, traffic controls, or speed limits.
• Failing to address potholes, debris, or other dangerous road conditions.

Evidence may include the crash report, witness accounts, photographs, nearby video, vehicle damage, roadway markings, traffic-signal information, and relevant phone records. In a disputed intersection collision, accident reconstruction may help evaluate turning paths, speed, braking, visibility, and the sequence of events. We gather and organize the available evidence before it disappears or memories fade.

What is a No-Contact Motorcycle Accident?

A rider may avoid a direct collision by braking suddenly or laying the motorcycle down on the pavement. The resulting crash is a no-contact motorcycle accident, and the rider can still suffer catastrophic injuries from the evasive maneuver.

No-contact accidents often occur when a motorist’s sudden lane change, turn, or failure to yield forces the rider into evasive action. A physical collision isn’t necessarily required for a negligence claim when another driver’s conduct causes the rider to brake, swerve, or lay the motorcycle down. Even if the other vehicle is undamaged or leaves the scene, its driver may still bear responsibility under the facts.

These claims can depend on small but important details. The rider’s account, witness testimony, nearby surveillance or dash-camera video, skid marks, damage patterns, vehicle positions, roadway layout, and traffic-signal timing may show why evasive action was necessary. At an intersection, we may also examine sight lines, lane positioning, right of way, and whether the driver had adequate time to recognize the motorcycle. We use these details to show how another driver’s movement set the incident in motion.

Texas Laws & Challenges in Motorcycle Accident Claims

Motorcycle claims can involve rider bias, disputed liability, serious injuries, and limited insurance coverage. Insurance adjusters or jurors may assume that a rider was reckless simply because that person chose a motorcycle. We counter that assumption with evidence about the conduct of every driver, the roadway, and the actual sequence of the crash.

Recurring legal and factual issues include:

• Rider bias: Assumptions about motorcyclists can influence how insurers evaluate speed, lane position, and fault, even when those assumptions aren’t supported by evidence.
• Proportionate responsibility: Texas generally reduces recoverable damages by an eligible claimant’s assigned percentage of responsibility. A claimant found more than 50 percent responsible generally can’t recover, subject to the facts and applicable law.
• Proof disputes: Conflicting statements or a lack of independent witnesses can make photographs, video, physical evidence, and accident reconstruction especially important.
• Insurance limitations: A responsible driver may not carry enough liability insurance to address the rider’s losses. Applicable coverage depends on the policies, parties, and circumstances.
• Lane-splitting allegations: Texas law gives a motorcycle full use of a lane and permits two motorcycles to ride abreast, but it prohibits operating between lanes of traffic moving in the same direction. An allegation about lane position doesn’t replace a fact-specific review of each participant’s conduct and causal role.
• Low settlement offers: An insurer may dispute fault, the extent of the injuries, future care, or the connection between the collision and particular losses.

Motorcycle riders have less physical protection than occupants of enclosed vehicles. Injuries may include traumatic brain injuries, spinal cord injuries, fractures, amputations, road rash, disfigurement, and permanent impairment. A fatal crash may also support a wrongful death claim by eligible surviving family members, depending on Texas law and the circumstances.

According to a Texas Department of Transportation resource, the agency publishes annual crash statistics that provide broader context about motorcyclist injuries and fatalities in Texas. We handle evidence gathering, insurance negotiations, and litigation when needed.

Key Steps After a Motorcycle Accident in Austin

After receiving medical attention, save hospital and doctor records, receipts, and insurer communications. If you’re able, photograph or record the accident scene, including the vehicles involved, road conditions, traffic signals, and visible injuries. Texas law requires drivers to exchange insurance and contact information, so obtain this information from all involved parties when possible.

Write down your account of the accident while it’s fresh in your memory. Include details like weather conditions, time of day, and anything unusual you noticed leading up to the crash. If you have contact information for witnesses, ask whether they’d be willing to share what they saw. These records can become evidence in a potential personal injury claim and in communications with insurers and legal counsel.

Don’t guess about fault or agree to a recorded insurer statement before you understand who is requesting it and how it may affect the claim. Continue following medical guidance, particularly when pain, dizziness, numbness, or other symptoms appear after the initial emergency response. Keep medical records, receipts, work-loss information, and insurer correspondence together.

Compensation in Texas Motorcycle Accident Claims

After a motorcycle accident, the financial burden can quickly become overwhelming. Texas law allows injured riders to seek compensation for a range of damages supported by the evidence. Economic damages may include medical expenses, lost wages, property damage, physical rehabilitation, assistive devices, and necessary services. Non-economic damages may address pain, mental anguish, physical impairment, disfigurement, and reduced quality of life.

If a crash leads to permanent injury or disability, you may also pursue compensation for future lost earnings and necessary long-term care. In some cases, courts award exemplary damages if the evidence meets the higher legal standard for misconduct beyond ordinary negligence. The specific categories and amount you can seek depend on the facts of your case, the extent of your injuries, the liability evidence, and the insurance coverage available for all parties involved.

Personal injury attorneys familiar with Austin courts and insurance providers can help clarify what categories of compensation apply to your situation. Clear medical records, wage documentation, evidence of future care needs, and information about changes to daily activities can help explain the full effect of the injuries. We work with clients to identify and document current losses as well as reasonably supported future needs.