Riders get hurt in crashes that would leave a car driver shaken but fine. As a motorcycle accident lawyer in Houston, we know the usual pattern: the injuries are serious, and the other driver’s insurer looks for a reason to blame the rider early. This page covers the Texas rules that shape a rider’s claim.
This guide comes from the Houston office of LAWBOSS – Harris, Nelsen & Uvalle, PLLC, on Memorial Drive by Memorial Park. Jonathan Harris is the attorney responsible for this site, and our Houston team answers calls about motorcycle crashes 24 hours a day.
Motorcycle deaths in Texas
TxDOT counted 585 motorcyclists killed on Texas roads in 2024, riders and passengers together. TxDOT recorded 216 of those riders as not wearing a helmet. Those are statewide figures from TxDOT’s 2024 table of motorcyclist deaths and injuries by age group and helmet use, and they say nothing about any single crash. They do show why a motorcycle claim needs careful work from the first day.
In Harris County as a whole, TxDOT’s 2024 county table lists 115,173 crashes of every kind, with 579 people killed and 2,688 people seriously injured. A rider shares those roads with every car, pickup and big rig in the county.
The Texas helmet law, Transportation Code 661.003
Texas requires every motorcycle rider and passenger to wear a helmet that meets state standards, with one exception. A person who is at least 21 years old may ride without a helmet if they have completed an approved motorcycle operator training and safety course, or if they are covered by a health insurance plan that pays for injuries from a motorcycle collision. A police officer may not pull a rider over only to check the course or the insurance (section 661.003(c-1)).
Not wearing a helmet does not by itself bar a claim, but the insurer may argue it under the comparative-fault rule in Civil Practice and Remedies Code section 33.001, which is why the facts of the crash matter. A rider who was cut off by a turning driver was cut off whether or not a helmet was on. We focus the claim on what caused the crash in the first place.
How fault is split after a Houston motorcycle crash
Texas uses modified comparative fault. Under section 33.001, you can recover if you are 50 percent or less at fault, and your recovery is reduced by your own percentage (section 33.012(a)). So the percentage is the whole fight. An insurer that can move a rider from 20 percent to 51 percent at fault has erased the claim, and adjusters know it.
The arguments we hear against riders are predictable: speeding, lane splitting, dark clothing, a sudden swerve, no helmet. Our attorneys know these arguments from the other side of the table. Jonathan Harris spent more than a decade as a senior trial attorney for a major automobile insurance company, and Ian Nelsen was an adjuster before he was a lawyer. We answer each point with evidence: the crash report, photos of the scene and the bike, witness names, any video and the damage pattern on both vehicles. Our insurance tactics page goes further into the playbook.
Crashes riders see again and again
- A driver turning left across the rider’s lane at an intersection or driveway.
- A driver changing lanes into a motorcycle that was already there.
- A rear-end hit when traffic slows suddenly on the freeway.
- A car door opened into a rider’s path on a city street.
Houston roads riders share with heavy traffic
The Texas A&M Transportation Institute’s 2025 list of the most congested road segments in Texas puts several Houston freeways near the head of the list. The West Loop (I-610) between the Katy Freeway and the Southwest Freeway ranks first in the state. The Eastex Freeway (I-69 / US 59) from SH 288 to I-10 is second, the Southwest Freeway from the West Loop to SH 288 is fourth, North Loop West (I-610) from I-45 to the Katy Freeway is fifth, the Katy Freeway from the West Loop to I-45 is sixth and the Gulf Freeway (I-45) from I-10 to the South Loop is seventh.
Congestion is not a crash statistic. But a road where traffic speeds up and stops without warning, and where drivers change lanes constantly, is a hard place to be on two wheels, and rear-end and lane-change crashes tend to start in exactly that kind of traffic.
PIP and uninsured motorist coverage for riders
Texas auto policies must include personal injury protection (PIP) and uninsured/underinsured motorist (UM/UIM) coverage unless a named insured rejects them in writing (Insurance Code sections 1952.152 and 1952.101). PIP pays without regard to fault (section 1952.155(a)) and must be paid within 30 days of satisfactory proof of the claim (section 1952.156(a)). UM/UIM matters when the driver who hit you had no insurance, or not enough: the Texas minimum liability limit is $30,000 for one person’s injuries (Transportation Code section 601.072(a-1)), which can run out quickly after a serious motorcycle crash.
Whether your own motorcycle policy carries PIP or UM/UIM depends on what was bought and what was signed away. We ask for the declarations page and any rejection form, read them with you and open every claim the coverage allows.
Hurt riding in Houston? Call us for a free talk with our Houston team, day or night.
What to do after a motorcycle crash
- Get medical care, even if you feel able to ride home. Some injuries show up later.
- Call the police so a crash report is made.
- Keep your helmet, jacket and gear as they are. Do not repair or throw them away.
- Photograph the bike, the other vehicle and the road, or ask someone to do it for you.
- Do not give the other driver’s insurer a recorded statement before you talk to a lawyer. Our post on recorded statements after a Houston crash explains why.
Your deadline and how we work
A Texas injury suit must be filed within two years after the claim accrues (Civil Practice and Remedies Code section 16.003(a)). If the other vehicle belonged to a city or county, much shorter notice rules apply, which our government vehicle crash section covers.
Riders hire us on a No Fees or Costs Unless We Win arrangement, and we mean the costs part too. The firm advances the case costs of investigating and building the claim, and you owe no fee and no case costs unless money comes in from the case. To meet the attorneys first, see our Houston team.
Questions people ask us
Can I bring a claim if I was not wearing a helmet?
Yes, because not wearing a helmet does not by itself bar a claim, though the other driver’s insurer may try to use it to argue fault under Civil Practice and Remedies Code section 33.001, so the facts of how the crash happened matter.
Who may ride without a helmet under Texas law?
Only for riders at least 21 years old who have completed an approved motorcycle safety course or who are covered by health insurance that pays for motorcycle collision injuries, under Transportation Code section 661.003. Everyone else must wear a helmet that meets state standards.
The insurer says I was speeding. Does that end my claim?
Not necessarily. Texas compares fault, and you can recover if you are 50 percent or less at fault, with your recovery reduced by your share. An accusation is not a finding, and we test it against the evidence.
Does my own insurance help after a motorcycle crash?
It may. PIP pays without regard to fault, and UM/UIM can apply when the other driver has no insurance or too little, if your policy includes them. We read your declarations page and any rejection form to find out.