Motorcycle Accidents vs. Car Accidents: Legal Differences Explained

Motorcycle vs. Car Accidents in Texas: What Makes Yours Different—and Why It Matters

You didn’t expect your ride to end in an ambulance.

Now you’re sore, maybe dealing with a serious injury—and wondering what comes next. Your motorcycle’s wrecked. The driver who hit you is denying fault. And the insurance company? They’re already asking questions that feel loaded.

Here’s the reality: motorcycle accidents aren’t just car accidents without doors. They’re treated differently by insurance adjusters, police, and the law. And if you don’t understand those differences—or worse, if your lawyer doesn’t—you could miss out on compensation that’s rightfully yours.

Let’s walk through what makes motorcycle cases in Texas unique, what you’re up against, and what you can do to take back control of your situation.

Motorcycle Accidents Are More Severe—In Every Way

Motorcyclists are exposed. No airbags. No seatbelt. No steel frame. Even minor crashes can result in serious injuries. In our experience, riders are far more likely to suffer:

• Broken bones
• Road rash and burns
• Traumatic brain injuries (TBIs)
• Spinal injuries
• Disfigurement or amputations

With injuries like these, the stakes are higher. You may need surgery, months of rehab, or long-term care. And if you can’t work, the financial hit can pile up quickly. That’s why motorcycle injury claims often involve larger settlements—but only if your lawyer understands how to build the right kind of case.

Why Motorcycle Crashes Happen—and How You Might Get Blamed

Even when a rider follows every traffic law, drivers often don’t see them—or don’t look. Some of the most common causes of motorcycle accidents we see in Texas include:

• Left-turn collisions: A car turns in front of you while you’re going straight
• Blind spot crashes: A driver changes lanes and knocks you off your bike
• Rear-end impacts at lights or stop signs
• Distracted driving (especially phone use)
• Poor road conditions like potholes or loose gravel

Unfortunately, riders often get blamed—even when they’re not at fault. Why? Because of bias. Insurance companies may assume you were speeding, aggressive, or reckless just because you were on a motorcycle.

At Genthe Law Firm, we fight back with facts. We gather footage, get witness statements, consult with crash reconstruction experts, and show exactly how the accident happened.

Texas Law and Fault: One Wrong Assumption Can Cost You Thousands

Here’s something you need to know: Texas uses a “modified comparative fault” rule. That means:

• If you’re 51% or more at fault, you get nothing
• If you’re 50% or less at fault, your compensation is reduced by your fault percentage

So if you’re awarded $100,000 but found 30% at fault, you only receive $70,000. This is why it’s crucial to protect yourself early. The more evidence you have to support your version of events, the stronger your claim.

The Insurance Gap: Why Many Motorcycle Policies Fall Short

Texas law requires all drivers—including motorcyclists—to carry liability insurance:

• $30,000 per person for injuries
• $60,000 per accident
• $25,000 for property damage

But motorcycle policies often lack personal injury protection (PIP) or uninsured/underinsured motorist coverage (UM/UIM)—unless you add it. This means if the other driver is underinsured (or uninsured), you could be left footing the bill.

Our firm reviews every policy carefully to identify additional options for coverage—sometimes through other vehicles you own, umbrella policies, or other responsible parties like manufacturers or cities (in road defect cases).

What You Can Recover After a Motorcycle Accident

You may be entitled to compensation for much more than just your ER visit. Depending on your injuries and how they affect your life, your claim may include:

• Medical bills (past and future)
• Lost wages and reduced earning ability
• Pain and suffering
• Mental health care (PTSD, anxiety, depression)
• Physical impairment
• Disfigurement or scarring
• Damage to your motorcycle, helmet, and riding gear

Texas doesn’t require helmets for riders over 21 who meet certain requirements. Not wearing one won’t automatically ruin your case, but it can come up—especially in head injury claims. We prepare for that from day one.

The Hard Part: Motorcycle Cases Are Just Tougher

Here’s what we’ve seen over and over again: motorcycle claims require more effort and more strategy than car accident cases.

Why?

• Insurance companies are quick to blame the rider
• Police reports may include misleading assumptions
• Witnesses often don’t notice bikes—or guess the rider was speeding
• Evidence like helmets, jackets, and the bike itself needs to be preserved immediately

That’s why riders need attorneys who understand not just personal injury law—but how to advocate effectively for motorcycle clients.

Example: The “Maybe They Were Speeding” Trap

Imagine you’re riding through a green light. A car turns left across your path. You crash hard, suffer injuries, and your bike is destroyed.

Simple case? It should be.

But the police report says “motorcycle may have been speeding.” The other driver says you were weaving. The insurance company uses that to cut your compensation—or deny it outright.

This is the kind of thing we see often. At Genthe Law Firm, we know how to correct the record. We track down surveillance footage, get independent expert opinions, and challenge biased narratives. We make sure your story doesn’t get twisted.

What You Should Do Right Now

If you were in a motorcycle crash in Texas, the steps you take next can make or break your case. Here’s what we recommend:

1. Get medical care immediately—even if the pain seems minor
2. Photograph everything: your injuries, your bike, the scene, the other vehicle
3. Preserve your gear—helmet, jacket, gloves, boots
4. Don’t speak to insurance adjusters before talking to a lawyer
5. Call Genthe Law Firm as soon as possible

The sooner we can investigate, the better we can protect your claim.

FAQs: Real Questions Texas Riders Ask After a Motorcycle Crash

What if I wasn’t wearing a helmet and I have a head injury—can I still file a claim?

Yes, you can still file a claim. Texas law allows certain riders over 21 to legally ride without a helmet, provided they meet specific requirements. Not wearing one doesn’t automatically disqualify you from recovering compensation. That said, insurance companies may try to argue that your injuries were worse because you didn’t wear a helmet. We’ll help build a medical and legal case that focuses on what actually caused the crash—not what you were wearing.

The driver who hit me fled the scene—what now?

This is more common than people think. If you were the victim of a hit-and-run, you may still be able to recover compensation through your uninsured motorist (UM) coverage or other policies. We’ll investigate surveillance footage, eyewitness reports, and police leads. You don’t need to know the driver’s identity to take legal action—we’ll help you pursue every available option.

I was lane-splitting when I got hit—is that illegal in Texas? Will it hurt my claim?

Lane splitting is not legal in Texas, and insurance companies may try to use that to reduce or deny your claim. But context matters. If the other driver was distracted, speeding, or made an illegal move, they may still be mostly at fault. Comparative fault rules still apply—and even if you were partially responsible, you may still recover compensation. We’ll evaluate the full situation to see how it affects your case.

The police report says I was at fault, but I don’t agree—can I still fight it?

Yes. Police reports are important, but they’re not the final word. Officers don’t always witness the crash, and sometimes the report includes speculation or incomplete statements. If you believe the report is wrong, we can gather evidence—like surveillance video, GPS data, and expert analysis—to challenge it and strengthen your side of the story.

The other driver’s insurance keeps calling me—should I talk to them?

No. Insurance adjusters are trained to get you to say things that could hurt your claim—even casually. You’re not required to speak to the other driver’s insurance, and doing so could reduce the value of your case. Let Genthe Law Firm handle communication. We’ll protect your rights and make sure nothing you say gets twisted against you.

My passenger was injured too—can we both file claims?

Yes. Your passenger has just as much right to pursue compensation as you do, whether the crash was caused by another vehicle or even by you. We can represent both of you in separate claims, and if there’s a conflict of interest, we’ll make sure both parties have fair legal support.

The other driver was uninsured—can I still get compensated?

Possibly, yes. If you carry uninsured/underinsured motorist (UM/UIM) coverage, you can file a claim through your own policy. We’ll also look for other sources of recovery, such as employer liability (if the driver was working), vehicle owner liability, or defective road conditions. Many riders are surprised by where compensation can come from.

What if I was partially at fault? Will that kill my case?

Not necessarily. Texas follows the 51% rule—if you’re less than 51% at fault, you can still recover compensation, just reduced by your percentage of fault. For example, if you’re found 20% at fault and awarded $100,000, you’d still receive $80,000. We work to lower that percentage and maximize your recovery.

How long do I have to file a claim after a motorcycle crash in Texas?

Texas law gives you two years from the date of the accident to file a personal injury lawsuit. But waiting can hurt your case. Evidence disappears, memories fade, and insurance companies dig in. The sooner you act, the stronger your case will be.

Is There a Motorcycle Accident Attorney Near Me?

If you were injured in a motorcycle accident anywhere in Texas, especially in or around Dallas, you don’t need to search far. Genthe Law Firm is local, experienced, and ready to help.

Attorney Aaron Genthe has built a reputation for standing up for injured riders who are facing insurance delays, unfair blame, or lowball settlement offers. We understand the unique challenges that come with motorcycle injury cases—from fighting bias to proving fault to calculating the full value of your claim.

Whether your crash happened in:

• Dallas
• Fort Worth
• Plano
• Arlington
• Garland
• Irving
• Or anywhere in North Texas…

You can reach out to us for fast legal help. We also handle statewide claims across Texas and can work with clients remotely or in person—whatever is most comfortable for you.

📍 Located in Dallas
📞 Call 214-957-0898 or contact us online to schedule your free consultation.

You don’t need to face this alone. Whether you’re dealing with broken bones, mounting medical bills, or just want to make sure you’re not being taken advantage of—we’re here to listen and take action.

Why Work With Genthe Law Firm?

We know motorcycle accidents are different. We’ve handled them, fought the bias, and pushed back against lowball offers that didn’t come close to covering the damage.

Whether you were hit in downtown Dallas, out on a rural highway, or riding home from work, we’re here to help. We take the pressure off you, deal with the insurance companies, and fight to get the money you need to recover—not just physically, but financially.

📞 Call 214-957-0898 now to speak directly with Dallas Motorcycle Accident Attorney, Aaron Genthe. The consultation is free, and you don’t pay us anything unless we win your case.

Let us carry the weight while you focus on healing. You took the hit. You don’t have to take the loss.