These are the questions riders ask us most often, answered by LAWBOSS – Uvalle Law Firm, PLLC, the firm behind Motorcycle Lawyer San Antonio. Each answer links to the page that covers the subject in full. The answers are general information, not legal advice for your crash.
Do not see your question? Call us. The consultation is free.
Questions people ask
Do I need a lawyer after a motorcycle accident in San Antonio?
Not for every crash. If you were hurt, if the other driver’s insurer is blaming you, or if your injuries may be greater than the other driver’s insurance, talk to a lawyer before you give a recorded statement or sign anything. See how a motorcycle accident claim works.
Is there a helmet law in Texas?
Yes. Transportation Code Section 661.003 requires a helmet for riders and passengers on public streets and highways. The exception covers only a person 21 or older who completed a motorcycle operator training and safety course or is covered by health insurance for motorcycle collision injuries. See Texas motorcycle laws.
Can I recover if I was not wearing a helmet?
Yes. A missing helmet does not cause a crash. An insurer may argue it made a head injury worse, but that argument needs evidence and does not touch injuries to the rest of the body.
Can I recover if I was partly at fault?
Yes, if your share of responsibility is 50 percent or less, with your damages reduced by your share. At more than 50 percent, Section 33.001 bars recovery. See who is at fault in a motorcycle crash.
Is lane splitting legal in Texas?
No. Since September 1, 2023, Section 545.0605 says a rider may not operate between lanes of traffic moving in the same direction. Two motorcycles may ride two abreast in one lane. See lane splitting in Texas.
What is the average settlement for a motorcycle accident in Texas?
There is no reliable average, and we do not publish results from other cases. The value of a claim depends on the injury and its future, the medical care, lost income, pain and impairment, the fault split and the insurance available. See rider injuries and their value.
How long do I have to file a claim?
Generally two years from the day of the crash under Section 16.003. A claim against a government body needs written notice within six months under Section 101.101, or sooner under some city charters.
How do I get the police report for my motorcycle crash?
Buy the CR-3 crash report from TxDOT’s Crash Report Online Purchase System. TxDOT lists $6 for a regular copy and $8 for a certified copy, plus a small online surcharge. See what to do after a motorcycle wreck.
What if the driver who hit me has no insurance?
Your own uninsured motorist coverage may pay. Texas requires insurers to include it unless a named insured rejected it in writing. See insurance after a motorcycle accident.
Should I talk to the other driver’s insurance adjuster?
You are not required to give the other driver’s insurer a recorded statement, and we advise against it before you know your injuries and have spoken with a lawyer.
Who pays for my motorcycle and gear?
The at-fault driver’s property damage liability coverage, which in Texas must be at least $25,000 per collision, and possibly your own collision or uninsured motorist property damage coverage. The helmet and gear are part of the claim.
Can a passenger on my motorcycle make a claim?
Yes. A passenger can claim against whoever caused the crash, including, where the facts support it, the rider carrying them. See motorcycle passenger rules in Texas.
What does it cost to hire LAWBOSS?
The consultation is free. We work on a contingency fee: there is no attorney’s fee unless we recover money for you, and we advance the case expenses. If there is no recovery, you owe us neither a fee nor those expenses. The written fee agreement sets out the percentage and how expenses are repaid from a recovery.
Where is your office?
Our San Antonio office is in Fountainhead Tower on I-10. The firm also has offices in Dallas and Houston. See our contact page.
Who runs this website?
LAWBOSS – Uvalle Law Firm, PLLC. Motorcycle Lawyer San Antonio is our website for riders, and calls from it reach our firm.
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