Rowlett, Texas Motorcycle Accident Attorney

Motorcyclists often have to deal with an uphill battle after an accident. In many cases, insurance companies do not take their claims seriously, arguing that injuries are just an assumed risk of getting on a motorcycle. If you need help recovering payment from a negligent driver after a wreck, get in contact with a Rowlett, TX motorcycle accident lawyer.

At Jerry D. Andrews, P.C., we represent injured motorcyclists in personal injury claims. Attorney Andrews is board certified by the Texas Board of Legal Specialization in Personal Injury Trial Law, making him an excellent choice to handle your claim. You can trust us to investigate your claim in detail, working hard to seek a fair remedy for your damages.

Can You Still File a Motorcycle Accident Claim in Texas if You Were Not Wearing a Helmet?

Texas law does not require every motorcyclist to wear a helmet, and choosing to ride without one does not prevent you from filing a personal injury claim after a crash. If another driver caused the collision through negligence, you have the right to pursue compensation regardless of whether you were wearing a helmet at the time. That said, the other side may attempt to argue that a lack of a helmet contributed to the severity of your injuries, which could affect how much compensation you are able to recover.

Because of this, it is important to work with an attorney who can push back against these arguments and keep the focus on the other driver's negligence as the true cause of the crash. Helmet use does not change who was at fault for causing the accident in the first place, and a skilled legal team can help make sure the insurance company does not use it as an excuse to undervalue your claim.

Modified Comparative Laws Affect Motorcycle Accident Claims

Texas follows a modified comparative negligence rule, which can directly affect the outcome of a motorcycle accident claim. Under this rule, you can recover compensation as long as you are found to be 50 percent or less at fault for the collision. If you are found to be 51 percent or more at fault, you are barred from recovering any compensation at all. Even when you are allowed to proceed with a claim, your total compensation will be reduced by whatever percentage of fault is assigned to you.

Insurance companies are often quick to argue that a motorcyclist shares some blame for a crash, sometimes pointing to lane position, speed, or visibility as reasons to shift fault. Because these arguments can significantly reduce the value of a claim, it is crucial to have a clear and well-documented account of how the crash happened from the very beginning.