Houston Motorcycle Accident Lawyer | Southern Injury Attorneys
By: Attorney Larry “Jimmy” Peters | Last updated: October 2025
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Hurt in a Houston motorcycle crash? Get a local trial lawyer on your side. At Southern Injury Attorneys, we offer a free case review, and you pay no fee unless we win. Call us 24/7 at 346-299-8430.
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When a motorcycle accident shatters your life, the path forward can seem overwhelming. You are facing physical pain, mounting medical bills, and the stress of dealing with insurance companies. You do not have to go through this alone. The experienced Houston motorcycle accident lawyers at Southern Injury Attorneys are here to fight for your rights and help you secure the full compensation you deserve.
Our team combines local trial experience with a deep understanding of the challenges Houston riders face. We conduct prompt, evidence-focused investigations to build the strongest possible case for you. We are not afraid to take on large insurance companies and fight for you in court if necessary.
Rapid Answers for Houston Riders
Do I need a lawyer after a Houston motorcycle crash? Yes, it is highly recommended. An experienced lawyer protects you from aggressive insurance adjusters, gathers critical evidence, and accurately values your claim. They handle the complex legal and insurance processes, allowing you to focus on your recovery while they fight to maximize your compensation for medical bills, lost wages, and pain and suffering. Who pays my medical bills right now? Initially, your own health insurance or MedPay/PIP coverage on your motorcycle policy will cover immediate medical costs. The at-fault driver’s insurance is ultimately responsible but will not pay until a settlement is reached or a judgment is won. A lawyer can help manage these payments and ensure all medical expenses are included in your final claim. What if the driver says I’m partly at fault? Do not accept their assessment. Texas follows a proportionate responsibility rule, often called the “51% bar.” This means you can still recover damages as long as you are found to be 50% or less at fault. Insurance companies use this rule to reduce or deny claims, making it crucial to have a lawyer who can effectively fight back against unfair blame. [1] How long do I have to file a claim? In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. [2] However, there are exceptions, and claims against government entities have much shorter notice deadlines (often as little as six months). It is critical to contact an attorney immediately to protect your rights. What is my Houston motorcycle accident case worth? Every case is unique, and there is no “average settlement.” The value of your case depends on several factors, including the severity of your injuries, the amount of your medical bills and lost wages, the clarity of fault, the available insurance coverage, and the impact on your quality of life. An experienced attorney can evaluate these factors to determine the potential value of your claim.
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Why Choose Southern Injury Attorneys for Your Houston Motorcycle Accident Claim
When you are facing the aftermath of a serious motorcycle crash, the lawyer you choose can make all the difference. Whether you’ve been injured in a car accident, a truck collision, or a motorcycle crash, having experienced legal representation is crucial. At Southern Injury Attorneys, we provide dedicated, client-focused representation to riders across the Houston area. We understand the unique challenges you face and are committed to helping you secure the justice and compensation you deserve.
A Local Firm with a Trial-Ready Posture
We are not a national referral service; we are a local law firm with deep roots in the communities we serve. Our managing and founding attorney, Larry “Jimmy” Peters, is licensed to practice in Texas, Tennessee, Arkansas, and Kentucky, giving us a multi-state advantage when handling complex cases. With over 500 active cases currently under management, we have the experience and resources to handle your motorcycle accident claim with the attention and dedication it deserves. Our Houston office is conveniently located to serve clients throughout the metro area.
Southern Injury Attorneys – Houston Office
- Phone: 346-299-8430
- Address: 340 N Sam Houston Pkwy, Ste A1045, Houston, TX 77060
- Hours: 24/7 Availability
We prepare every case as if it is going to trial. This trial-ready posture sends a clear message to insurance companies that we will not back down from a fight. We are prepared to take your case as far as necessary to secure a fair outcome.
Houston-Specific Experience
Navigating Houston’s complex and often dangerous roadways requires a deep understanding of local traffic patterns and high-risk areas. Our attorneys have experience handling cases arising from accidents on major Houston freeways like I-45, I-10, I-69, and the 610 Loop, as well as on heavily trafficked urban arterials such as Westheimer Road and FM 1960. We understand the unique hazards presented by rideshare vehicles, commercial traffic near the Port of Houston, and the constant construction and road debris that endanger riders.
Meet Our Founding Attorney: Larry “Jimmy” Peters
Larry “Jimmy” Peters is the managing and founding attorney of Southern Injury Attorneys. Licensed to practice in Texas, Tennessee, Arkansas, and Kentucky, Jimmy brings a wealth of experience and a personal commitment to every case. He founded the firm with a simple mission: to provide injured individuals with aggressive, compassionate legal representation without the bureaucracy of large corporate law firms.
Jimmy understands that behind every case is a real person facing real challenges. He is personally involved in the strategy and direction of each motorcycle accident case, ensuring that you receive the benefit of his years of trial experience. His multi-state licensing allows the firm to handle complex cases involving out-of-state defendants and cross-border issues that many local firms cannot manage.
Proven Results and Client-Centered Service
Prior results do not guarantee similar outcomes. However, our track record of success speaks to our commitment to our clients. We have secured significant recoveries for injured motorcyclists, helping them to rebuild their lives after a devastating crash. We are proud of the positive feedback we have received from our clients and are dedicated to providing the highest level of service and communication throughout your case.
We also understand that language should never be a barrier to justice. Our bilingual staff is fluent in Spanish and can provide comprehensive support to our Spanish-speaking clients. We offer evening and weekend appointments to accommodate your schedule.
What Sets Us Apart from Other Houston Motorcycle Accident Lawyers
Direct Attorney Access: Unlike large firms where you may never speak to an attorney, you will have direct access to Larry “Jimmy” Peters and our legal team throughout your case.
455+ Active Cases: Our current caseload demonstrates our ability to manage complex litigation while maintaining personalized attention for each client.
Multi-State Licensing: Our ability to practice in Texas, Tennessee, Arkansas, and Kentucky gives us a strategic advantage in cases involving out-of-state parties.
Trial-Ready from Day One: We prepare every case for trial, which gives us significant leverage in settlement negotiations.
No Recovery, No Fee: You pay nothing unless we win your case. We advance all costs, so there is zero financial risk to you.
24/7 Availability: Motorcycle accidents don’t happen on a schedule. Neither do we. Call us anytime at 346-299-8430.
What to Do in the Moments After a Houston Motorcycle Crash: A Checklist
The actions you take immediately after a motorcycle accident can have a significant impact on your health and your ability to recover compensation. Here is a checklist of critical steps to follow:
- Prioritize Safety and Call 911: If you are able, move to a safe location away from traffic. Call 911 immediately to report the accident and request emergency medical assistance, even if you do not think you are seriously injured. Adrenaline can mask the symptoms of serious injuries.
- Seek Immediate Medical Evaluation: Always get checked out by a medical professional after a crash. Some serious injuries, such as internal bleeding or traumatic brain injuries, may not have immediate symptoms. A medical evaluation creates a crucial record of your injuries for your insurance claim.
- Document the Scene and Gather Evidence: If you are able, use your phone to take pictures and videos of the accident scene, including the vehicles involved, any property damage, skid marks, road hazards, and your injuries. Get the names and contact information of any witnesses.
- Exchange Information: Get the other driver’s name, address, phone number, driver’s license number, and insurance information. Provide them with your information as well, but do not discuss the details of the accident or admit fault.
- Preserve Your Gear: Your helmet, riding jacket, and any other gear you were wearing are important pieces of evidence. Do not throw them away, even if they are damaged.
- File an Official Police Report: A police report is a vital piece of evidence in any motorcycle accident claim. The responding officer will create a Texas Peace Officer’s Crash Report (CR-3). You can obtain a copy of this report from the Houston Police Department or purchase it through the TxDOT Crash Reports and Records portal.
- Notify Your Insurance Company (Briefly): Report the accident to your own insurance company, but do not provide a recorded statement or sign any documents without first speaking to an attorney. Stick to the basic facts of the accident.
- Start a Pain and Symptom Journal: Keep a daily log of your pain levels, physical symptoms, emotional state, and any ways your injuries are impacting your daily life. This journal can be powerful evidence of your pain and suffering.
- Track All Expenses: Keep a detailed record of all accident-related expenses, including medical bills, prescription costs, mileage to and from doctor’s appointments, and any lost wages.
Contact a Houston Motorcycle Accident Lawyer: The most important step you can take to protect your rights is to consult with an experienced attorney. We can handle the insurance companies, preserve critical evidence, and fight to ensure you receive the maximum compensation you are owed.
The Houston Motorcycle Crash Landscape: A Data-Backed Look at the Risks
Houston’s sprawling geography and car-centric culture create a uniquely hazardous environment for motorcycle riders. The statistics paint a grim picture of the dangers on our roads. By understanding the data, riders can better appreciate the risks and the importance of holding negligent drivers accountable.
Motorcycle Crashes in Houston and Harris County by the Numbers
According to the most recent data from the Texas Department of Transportation (TxDOT), Houston and Harris County consistently rank among the most dangerous locations for motorcyclists in the state. The 2023 crash statistics reveal the stark reality of these dangers. While the full 2023 report for individual cities is still being compiled, the statewide data and previous years’ trends show that hundreds of riders are killed or seriously injured in our area each year.
To provide context, we can look at the Vision Zero Houston Annual Report, which provides a detailed analysis of traffic violence in the city. The report identifies motorcyclists as a particularly vulnerable road user group, with a disproportionately high rate of fatalities and serious injuries compared to other vehicle occupants.
Houston’s High-Injury Network: The Most Dangerous Roads for Riders
The Vision Zero program has identified a “High-Injury Network” (HIN) – the 6% of Houston streets that account for 60% of traffic deaths and serious injuries. Many of these corridors are major arteries that are notoriously dangerous for motorcyclists. Based on data from TxDOT and the City of Houston, some of the most high-risk corridors and intersections for motorcycle accidents include:
- Interstate 45 (Gulf and North Freeways): High speeds, heavy congestion, and frequent lane changes make I-45 a hotbed for serious motorcycle crashes.
- Interstate 10 (Katy Freeway): As one of the widest freeways in the world, the Katy Freeway presents significant risks for riders, including blind spot accidents and collisions with merging traffic.
- Interstate 69 (Southwest Freeway): This heavily traveled route is known for its complex interchanges and aggressive driving, which can be a deadly combination for motorcyclists.
- The 610 Loop: Encircling the heart of Houston, the 610 Loop is a constant scene of accidents, many of which involve vulnerable riders.
- Westheimer Road: This long, congested commercial corridor is plagued by frequent left turns, drive-out accidents, and distracted drivers, all of which pose a significant threat to motorcyclists.
- FM 1960: Another major arterial in North Houston, FM 1960 is known for its high speeds and numerous intersections, creating many opportunities for devastating motorcycle crashes.
Common Factors in Houston Motorcycle Accidents
The data reveals several common factors that contribute to motorcycle accidents in Houston:
- Left-Turn Conflicts: A significant percentage of motorcycle accidents occur when a car turns left in front of an oncoming motorcycle at an intersection.
- Unsafe Lane Changes: Drivers who fail to check their blind spots before changing lanes are a major cause of motorcycle accidents on Houston’s freeways.
- Speeding and Aggressive Driving: Houston is known for its aggressive driving culture, and speeding is a factor in a large number of serious and fatal crashes.
- Impaired Driving: Despite efforts to crack down on drunk driving, it remains a major problem in Houston and a leading cause of motorcycle fatalities.
- Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted are a growing threat to motorcyclists.
- Road Hazards: Potholes, debris, and poorly maintained roads can be especially dangerous for motorcycles, and government entities can be held liable if they fail to address these hazards in a timely manner.
It is important to note that while Houston TranStar provides a network of real-time traffic cameras, this footage is not archived. This makes it critical to have an attorney who can act quickly to preserve other forms of evidence, such as surveillance video from nearby businesses.
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Common Motorcycle Accident Scenarios in Houston
While every crash is unique, many motorcycle accidents in Houston follow predictable and preventable patterns. Understanding these common scenarios is key to identifying driver negligence and building a strong claim for compensation.
The Perilous Left-Turn Across Your Path
This is, by far, one of the most frequent causes of serious motorcycle accidents. It typically happens at a busy intersection when an oncoming vehicle, intending to turn left, fails to see the motorcyclist or misjudges their speed and distance. The car turns directly into the rider’s path, leaving them with no time to react and often resulting in a devastating T-bone or head-on collision. These cases often involve clear driver negligence for failure to yield the right-of-way.
Unsafe Lane Changes and Merges on Freeways
Houston’s massive freeways, like I-45 and the Katy Freeway, are a constant flow of merging and weaving traffic. Motorcycles, with their smaller profile, can easily disappear into a car or truck’s blind spot. When a driver changes lanes without a proper visual check, they can force a rider off the road or into another vehicle. We investigate these cases by looking for evidence of distracted driving, improper mirror settings, and a history of reckless driving.
“Dooring” and Close Passes on Urban Streets
On commercial corridors with street parking, such as Westheimer or in neighborhoods like The Heights and Montrose, “dooring” is a serious hazard. This occurs when a driver or passenger of a parked car opens their door into the path of an approaching motorcyclist. Similarly, drivers who pass too closely in a shared lane can create wind turbulence or make contact, causing a rider to lose control. These incidents are a clear violation of a driver’s duty to check for traffic before opening a door or passing.
Hazards from Rideshare and Delivery Vehicles
The proliferation of Uber, Lyft, and delivery services has introduced new dangers for motorcyclists. These drivers are often in a hurry, unfamiliar with the area, and focused on their app, leading them to make sudden stops, illegal U-turns, or abrupt maneuvers to pick up or drop off passengers and packages. These unpredictable actions can be catastrophic for a nearby rider.
Commercial Truck and Port-Related Collisions
Given Houston’s role as a major industrial and shipping hub, motorcyclists must share the road with a high volume of 18-wheelers and other large commercial vehicles, especially near the Port of Houston and industrial zones. These trucks have massive blind spots, or “No-Zones,” and require a much greater distance to stop. Accidents involving commercial trucks are often catastrophic and involve complex liability issues related to the trucking company’s safety policies, driver training, and vehicle maintenance.
Defective Roadways and Construction Zone Dangers
Government entities and contractors have a responsibility to maintain safe roads. When they fail to do so, they can be held liable for accidents. Common roadway defects that endanger motorcyclists include:
- Large potholes or uneven pavement
- Loose gravel, oil, or other debris left after road work
- Poorly marked lane shifts or drop-offs in construction zones
- Malfunctioning traffic signals or missing signage
Claims against government entities have strict notice requirements, making it essential to contact an attorney as soon as possible.
Your Injuries and Damages: Documenting the Full Impact of the Crash
A motorcycle accident can result in a wide range of severe and life-altering injuries. Because riders have so little protection, the physical trauma is often catastrophic. At Southern Injury Attorneys, we work with you and your medical providers to document the full extent of your injuries and ensure that your compensation reflects the true cost of your recovery.
Common Injuries in Motorcycle Accidents
- Traumatic Brain Injuries (TBI): Even with a helmet, a rider’s head can strike the pavement with incredible force, leading to concussions, brain contusions, and severe, permanent brain damage.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, requiring a lifetime of medical care and assistance.
- Road Rash: This is a serious friction burn that occurs when a rider’s skin scrapes against the pavement. Severe road rash can cause permanent scarring, nerve damage, and require skin grafts.
- Broken Bones and Fractures: Riders often suffer multiple fractures in a crash, particularly to the legs, arms, ribs, and pelvis. Many of these injuries require surgery and extensive rehabilitation.
- Internal Injuries: The blunt force trauma of a crash can cause serious damage to internal organs, leading to internal bleeding and other life-threatening conditions.
- Amputations: In the most severe cases, a limb may be so badly crushed or damaged that it requires amputation.
Recoverable Damages in a Houston Motorcycle Accident Claim
In a Texas personal injury claim, you can seek compensation for a variety of damages, which are typically categorized as economic and non-economic.
Economic Damages
These are the tangible financial losses you have suffered as a result of the accident. They are calculated based on bills, receipts, and other financial documents. Economic damages include:
- Medical Expenses (Past and Future): This includes everything from the initial emergency room visit and hospital stay to future surgeries, physical therapy, medication, and in-home care.
- Lost Wages and Loss of Earning Capacity: You can recover the income you have lost while unable to work. If your injuries prevent you from returning to your previous job or working at all, you can also seek compensation for your diminished earning capacity in the future.
- Property Damage: This covers the cost of repairing or replacing your motorcycle and any other damaged property, such as your helmet and riding gear.
Non-Economic Damages
These damages are intended to compensate you for the intangible, personal losses you have suffered. They are more subjective and difficult to calculate, but they are a critical component of your recovery. Non-economic damages include:
- Pain and Suffering: This compensates you for the physical pain and emotional distress you have endured as a result of your injuries.
- Mental Anguish: This covers the psychological impact of the accident, including anxiety, depression, fear, and post-traumatic stress disorder (PTSD).
- Physical Impairment: This compensates you for the loss of use of a part of your body and the impact it has on your ability to enjoy your daily life.
- Disfigurement: If your injuries have resulted in permanent scarring or other visible disfigurement, you can seek compensation for the associated emotional distress and embarrassment.
Punitive Damages
In some rare cases, it may be possible to recover punitive damages. These are not intended to compensate you for your losses but rather to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. Punitive damages are typically only available in cases involving gross negligence, such as a drunk driver who causes a catastrophic accident.
Texas Law That Affects Your Motorcycle Accident Case
Navigating a motorcycle accident claim in Texas requires a thorough understanding of the state laws that govern personal injury cases. Insurance companies are well-versed in these laws and will use them to their advantage. Having an experienced attorney who can counter their tactics is crucial. Here are the key Texas laws that will impact your case.
Texas Helmet Law: What Riders Need to Know
Texas has a unique helmet law that is often misunderstood. While it is always safest to wear a helmet, not wearing one does not automatically bar you from recovering compensation. The law, found in Texas Transportation Code Chapter 661, states:
- Riders Under 21: All motorcycle operators and passengers under the age of 21 must wear a helmet that meets federal safety standards.
- Riders 21 and Over: Riders aged 21 or older are exempt from the helmet requirement if they have either successfully completed a motorcycle operator training and safety course or are covered by a qualifying health insurance plan.
Crucially, the defense cannot use your decision not to wear a helmet (if you are legally exempt) to argue that you were negligent and caused the crash. However, if you suffer a head injury, the insurance company will likely argue that your failure to wear a helmet contributed to the severity of that specific injury. This is a question of causation, not liability for the accident itself, and it is a complex legal argument that requires a skilled attorney to navigate.
The 51% Bar Rule: Texas’s Comparative Fault System
Texas uses a “proportionate responsibility” system, also known as comparative fault, to determine how to award damages when both parties may share some blame for an accident. This rule is outlined in Texas Civil Practice and Remedies Code Chapter 33. [1]
The most important part of this law is the 51% Bar Rule:
You cannot recover any damages if you are found to be 51% or more at fault for the accident.
If you are found to be 50% or less at fault, your recovery will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your award will be reduced by $20,000, for a total recovery of $80,000.
Insurance adjusters frequently use this rule to try to shift blame onto the motorcyclist, often with baseless arguments like “you were in the driver’s blind spot” or “you were speeding.” Our job is to aggressively counter these tactics with evidence to ensure the fault is placed squarely where it belongs: on the negligent driver.
The Two-Year Statute of Limitations
The statute of limitations is a strict deadline for filing a lawsuit. If you miss this deadline, you lose your right to seek compensation forever. As established in Texas Civil Practice and Remedies Code §16.003: [2]
- Personal Injury: You must file a lawsuit no later than two years after the date of the motorcycle accident.
- Wrongful Death: If a loved one was killed in the crash, the family must file a lawsuit no later than two years after the date of death.
While two years may seem like a long time, it is critical to act quickly. Evidence disappears, witness memories fade, and investigations become more difficult over time. Furthermore, if your claim involves a government entity (such as the City of Houston or TxDOT for a road defect), you have a much shorter deadline—often only six months—to provide formal notice of your claim.
Navigating Insurance Coverage Pathways After a Crash
Understanding the different types of insurance coverage available is a critical step in securing the financial resources you need to recover. The insurance landscape can be confusing, but our attorneys can help you identify all potential sources of compensation.
The At-Fault Driver’s Liability Insurance (BI)
Texas is an “at-fault” state, which means the person who caused the accident is responsible for the damages. Their Bodily Injury (BI) liability insurance is the primary source of compensation. However, Texas only requires drivers to carry a minimum of $30,000 in BI coverage per person, which is often woefully inadequate to cover the severe injuries common in motorcycle accidents.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
What happens when the at-fault driver has no insurance or not enough to cover your damages? This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes essential. This is coverage you purchase as part of your own motorcycle insurance policy.
- Uninsured Motorist (UM): Pays for your damages if you are hit by a driver with no insurance or in a hit-and-run.
- Underinsured Motorist (UIM): Pays for the remainder of your damages after the at-fault driver’s policy limits have been exhausted.
We strongly recommend all riders carry as much UM/UIM coverage as they can afford. It is one of the most important protections you can have.
Personal Injury Protection (PIP) and MedPay
PIP and MedPay are also part of your own motorcycle insurance policy and provide immediate, no-fault coverage for medical bills and, in the case of PIP, a portion of your lost wages. This coverage is available to you regardless of who was at fault for the accident and can provide crucial financial support while your larger claim is pending.
The Stowers Doctrine: Holding Insurance Companies Accountable
In some cases, an at-fault driver’s insurance company may refuse to pay a reasonable settlement offer that is within the policy limits. If we have made a clear and reasonable demand and the insurance company rejects it, they may be held liable for the entire verdict amount, even if it exceeds the policy limits. This is known as the Stowers doctrine, and it is a powerful tool we can use to pressure insurance companies to treat you fairly.
What Could My Houston Motorcycle Accident Case Be Worth?
This is one of the most common and important questions we hear from injured riders. While it is natural to want a specific number, it is impossible—and unethical—for any attorney to promise a certain settlement amount. Online “calculators” are marketing gimmicks that cannot capture the complex realities of your case.
The true value of your claim is determined by a careful analysis of numerous factors. Our approach is to build a comprehensive, evidence-based valuation of your damages to ensure we are demanding the full and fair compensation you are owed.
Key Factors That Determine Your Case’s Value
- Clarity of Liability: How clear is the evidence that the other party was at fault? A case with clear video evidence of a driver running a red light is generally stronger than one based solely on conflicting witness testimony.
- Degree of Comparative Fault: As discussed under the 51% rule, any percentage of fault assigned to you will reduce your final recovery. A key part of our job is to minimize or eliminate any finding of fault on your part.
- Available Insurance Policy Limits: The amount of insurance coverage held by the at-fault party (and the amount of your own UM/UIM coverage) often acts as a practical cap on the amount you can recover.
- Severity and Permanency of Your Injuries: The more severe and long-lasting your injuries, the higher the value of your claim. A case involving a spinal cord injury will be valued much higher than one involving a simple fracture.
- Total Medical Expenses (Past and Future): The total cost of all your medical treatment is a cornerstone of your economic damages. We work with medical and life-care planning experts to project the cost of any future care you may need.
- Impact on Your Income and Career: The amount of lost wages and the effect of your injuries on your future ability to earn a living are major components of your claim.
- Credibility and Likeability: The impression you and the other driver make on an insurance adjuster or a jury can have a surprising impact on the valuation of your case.
- Quality of Evidence: Strong evidence, such as clear dashcam footage, compelling photos of your injuries, and well-documented medical records, can significantly increase the value of your claim.
- Gaps or Delays in Treatment: Insurance companies will use any gaps or delays in your medical treatment to argue that your injuries are not as severe as you claim. It is vital to follow your doctor’s treatment plan closely.
Our strategy is to leverage a thorough investigation to build a powerful demand package. This puts maximum pressure on the insurance company to negotiate in good faith. If they refuse, we are always prepared to take the fight to the courtroom.
Our Process: A Playbook for Justice
We believe in a transparent and proactive approach to handling your case. From the moment you hire us, we initiate a proven playbook designed to protect your rights, preserve crucial evidence, and build the strongest possible claim.
1: Free Consultation and Intake: It all starts with a free, no-obligation consultation where we listen to your story, review the details of your accident, and provide an honest assessment of your legal options. If we take your case, we will handle all upfront costs.
2: Immediate Preservation of Evidence: Time is of the essence. We immediately send preservation of evidence letters to all relevant parties, including the at-fault driver, their insurance company, and any businesses that may have surveillance footage. This legally requires them to save critical evidence.
3: Comprehensive Investigation: Our team launches a full investigation into the crash. This may include:
- Scene Canvass: Visiting the accident scene to take photos, measurements, and look for physical evidence.
- Evidence Retrieval: Obtaining the official HPD crash report (CR-3), 911 dispatch logs, and any available surveillance or dashcam video. We also know to capture live screenshots of Houston TranStar cameras, as the footage is not archived.
- Witness Interviews: Locating and interviewing any witnesses to the crash.
- Records Requests: Pulling records on the other driver’s history and, if relevant, pulling city or county permits for any road work in the area.
4: Engaging Top Experts: For complex cases, we work with a network of leading experts to strengthen your claim, including:
- Accident Reconstructionists: To scientifically prove how the accident occurred.
- Medical Experts and Life-Care Planners: To detail the full extent of your injuries and the cost of your future medical needs.
- Vocational and Economic Experts: To calculate the total financial impact of your lost wages and diminished earning capacity.
5: Building the Demand and Negotiation: Once we have a clear picture of your long-term prognosis and have gathered all the evidence, we compile a comprehensive demand package. This package lays out our legal arguments and details the full value of your damages. We then enter into strategic negotiations with the insurance company to secure a fair settlement.
6: Litigation and Trial: If the insurance company refuses to offer a fair settlement, we do not hesitate to file a lawsuit. We are experienced trial lawyers who are comfortable and capable in the courtroom. While most cases settle before trial, our willingness to go to court gives us significant leverage during negotiations.
How We Prove Fault in a Houston Motorcycle Accident Case
Proving the other driver’s negligence is the foundation of a successful motorcycle accident claim. Our investigative process is designed to uncover the key evidence needed to establish fault conclusively.
Deconstructing Intersection Accidents
For left-turn accidents, we use a combination of evidence to show the driver’s failure to yield. This includes intersection mapping, analyzing traffic signal timing data, and using witness testimony and vehicle “black box” data to establish the speed and position of both vehicles just before impact.
Proving Negligence in Lane-Change Collisions
In lane-change and blind-spot cases, we focus on proving that the driver acted carelessly. We often hire human factors experts to demonstrate how a proper head check or mirror adjustment would have revealed the motorcyclist’s presence. We also investigate the driver for evidence of distraction, such as cell phone records.
Holding Commercial Defendants Accountable
When a commercial truck is involved, the case becomes more complex. We go beyond the driver to investigate the trucking company. We demand access to driver logs to check for hours-of-service violations, review the company’s safety policies and hiring practices, and analyze data from the truck’s electronic data recorder (EDR) and telematics systems.
Third-Party Liability for Roadway Defects
If your accident was caused by a dangerous road condition, we take action to hold the responsible government or private entity accountable. This involves documenting the defect, proving the entity had notice of the dangerous condition and failed to correct it in a reasonable time, and pulling public works records and right-of-way permits to establish their responsibility.
Dealing With Insurance Adjusters: What You Need to Know
After an accident, you will likely be contacted by an insurance adjuster from the other driver’s company. It is crucial to remember that the adjuster is not on your side. Their job is to protect the insurance company’s bottom line by paying out as little as possible. Here are some essential do’s and don’ts for dealing with adjusters:
- DO NOT Give a Recorded Statement: You are not required to provide a recorded statement to the other party’s insurance company. They are trained to ask leading questions designed to get you to say something that can be used against you later. Politely decline and tell them your attorney will be in contact.
- DO NOT Sign Any Documents: Do not sign any medical authorizations or settlement agreements without having them reviewed by an attorney. Signing a broad medical authorization can give the insurance company access to your entire medical history, which they can use to argue that your injuries were pre-existing. Signing a settlement agreement too early can waive your right to seek further compensation.
- DO NOT Accept a Quick Settlement Offer: Insurance companies often make lowball settlement offers early on, before the full extent of your injuries is known. These offers are a tactic to make your claim go away cheaply. Never accept an offer without consulting with an attorney.
- DO Follow Your Doctor’s Treatment Plan: It is essential to attend all of your medical appointments and follow your doctor’s recommendations. Any gaps or delays in your treatment will be used by the insurance company to argue that your injuries are not as serious as you claim.
- DO Be Careful on Social Media: Assume that the insurance company is monitoring your social media profiles. Avoid posting anything about the accident, your injuries, or your activities. A simple photo of you at a social gathering can be taken out of context and used to undermine your claim for pain and suffering.
Our Fee Guarantee: How We Get Paid
At Southern Injury Attorneys, we believe that everyone should have access to high-quality legal representation, regardless of their financial situation. That is why we handle all motorcycle accident cases on a contingency fee basis.
This means:
- You pay no upfront fees.
- We advance all case costs, such as expert witness fees and court filing fees.
- You pay us nothing unless we win your case.
Our fee is a percentage of the total recovery we obtain for you. If we do not secure a settlement or verdict in your favor, you owe us absolutely nothing. This arrangement ensures that our interests are fully aligned with yours: we are motivated to maximize your recovery.
Your Free, No-Obligation Consultation
Your journey to justice starts with a free, confidential consultation with one of our experienced Houston motorcycle accident attorneys. During this meeting, we will:
- Listen to your story and the details of your crash.
- Answer your legal questions.
- Provide a clear and honest assessment of your case.
- Explain how we can help you.
There is no pressure to hire us. We want you to have the information you need to make the best decision for you and your family. To prepare for your consultation, it can be helpful to bring any documents you have, such as the police report, photos of the accident scene, and any medical records.
Don’t wait to get the help you need. Call us 24/7 at 346-299-8430 or fill out our online form to schedule your free case review today.
Proudly Serving Houston and the Surrounding Communities
Our firm is dedicated to serving clients throughout the greater Houston metropolitan area. We have a deep understanding of the local courts and legal community, and we are proud to be a part of the neighborhoods we serve.
Southern Injury Attorneys – Houston Office
- Phone: 346-299-8430
- Address: 340 N Sam Houston Pkwy, Ste A1045, Houston, TX 77060
- Hours: 24/7 Availability
We serve clients in neighborhoods and communities across the Houston metro area, including:
- The Heights
- Montrose
- Midtown
- Galleria/Uptown
- Westheimer
- Sharpstown
- Gulfton
- Alief
- Bellaire
- Westchase
- Greenspoint
- Spring Branch
- East End
- Clear Lake
- Pasadena
- Pearland
- Sugar Land
- Katy
- The Woodlands
- League City
- Galveston
- Missouri City
- Humble
Our office is conveniently located and accessible from major Houston freeways. We can also arrange to meet with you at your home, in the hospital, or via video conference if your injuries prevent you from traveling.
Disclaimer
This article is for general informational and educational purposes only and does not constitute legal or medical advice. No attorney-client relationship is formed by reading this page. Legal and medical situations are complex and unique; you should always consult with a qualified attorney or medical professional for advice tailored to your specific circumstances. Results vary based on the facts of each case, and past results do not guarantee future outcomes. The information provided is current as of the publication date but is subject to change. For a free case evaluation specific to your situation, contact Southern Injury Attorneys at 346-299-8430.
References
- Texas Civil Practice and Remedies Code, Chapter 33 (Proportionate Responsibility)
- Texas Civil Practice and Remedies Code, §16.003 (Two-Year Limitations Period)
- Texas Transportation Code, Chapter 661 (Motorcycle Helmet Law)
- Texas Department of Transportation (TxDOT) Crash Statistics
- Vision Zero Houston
- Houston TranStar Traffic Cameras
- Houston Police Department (HPD) Public Information
Get Answers To Your Most Asked Questions
You can request the CR-3 report from the law enforcement agency that responded to your crash, which is often the Houston Police Department (HPD). You can also purchase a copy online through the TxDOT Crash Report Online Purchase System. An attorney can handle this process for you.
Call 911 immediately. Try to remember any details about the fleeing vehicle (make, model, color, license plate number). Check for witnesses or nearby surveillance cameras. Your own Uninsured Motorist (UM) coverage should cover your damages in a hit-and-run, so it is vital to file a claim with your own insurer.
No, Texas is an “at-fault” state. This means the person or party who caused the accident is legally responsible for the resulting damages. You must prove the other driver was negligent to recover compensation from their insurance. This is different from “no-fault” states where you first turn to your own insurance regardless of who was at fault.
Yes. If you are 21 or older and meet the legal exemption (health insurance or safety course), you have not broken any laws. Even if you were required to wear a helmet, it does not prevent you from filing a claim. The defense may argue it contributed to a head injury, but it does not bar your case for the accident itself. [3]
Texas law does not permit “stacking” of UM/UIM policies in the same way some other states do. You generally cannot combine the UIM limits for multiple vehicles on your policy to apply to a single accident. However, you can make a claim up to the per-accident limit on the specific policy covering the motorcycle you were riding.
Both cover your initial medical bills regardless of fault. Personal Injury Protection (PIP) is more comprehensive; it is required to be offered in Texas and covers medical bills and 80% of lost wages. Medical Payments (MedPay) is optional and only covers medical expenses. PIP is generally the better option for riders.
Extremely important. Video evidence is often the most objective and persuasive proof of how an accident occurred. It can definitively show who had the right-of-way and counter any false claims from the other driver. Our firm acts quickly to preserve this type of evidence from nearby businesses and vehicles before it is erased.
Yes. Adrenaline can mask serious injuries like concussions or internal bleeding. Going to the emergency room or an urgent care clinic creates a medical record that documents your injuries from day one, which is crucial for your claim. Delays in seeking treatment can be used against you by the insurance company.
A settlement is a negotiated agreement between you and the insurance company to resolve your claim for an agreed-upon amount, without going to court. A lawsuit is the formal legal action filed in court when a fair settlement cannot be reached. Most cases settle, but the ability and willingness to file a lawsuit provides critical leverage.
We prove pain and suffering through medical records detailing your injuries, testimony from you and your family about how the pain impacts your life, photos of your injuries, and records from mental health professionals. A daily pain journal kept by you can also be very powerful evidence.
Yes. You can claim any income you would have earned if not for the accident, including documented overtime, commissions, and income from self-employment or gig work. This requires thorough documentation, such as past pay stubs, tax returns, and letters from your employer or clients.
Claims involving rideshare drivers can be complex. Similar to other Houston car accident cases, the available insurance coverage depends on the driver’s status at the time of the crash. The available insurance coverage depends on the driver’s status at the time of the crash (e.g., waiting for a ride request, en route to a passenger, or driving for personal reasons). Uber and Lyft carry large insurance policies that may apply, but you will need an attorney to navigate the process.
Claims against government entities (city, county, state) are very different and have strict rules under the Texas Tort Claims Act. You have a much shorter deadline—often just 90 to 180 days—to provide formal written notice of your claim. It is absolutely critical to contact an attorney immediately if a government vehicle was involved.
Yes, if you can prove the government entity responsible for the road knew or should have known about the dangerous condition (like a large pothole or missing sign) and failed to fix it in a reasonable amount of time. These are difficult cases that require an experienced attorney.
The claim would be brought on behalf of the minor child. Any settlement would likely need to be approved by the court to ensure it is in the child’s best interest, and the funds are typically placed in a protected account until the child turns 18. The two-year statute of limitations is generally tolled for minors until they reach the age of 18.
It can add a layer of complexity regarding jurisdiction and serving the lawsuit, but it does not change the core of your claim. Texas law will still apply to the accident itself. An experienced attorney can handle the procedures for pursuing a claim against an out-of-state defendant.
Sí, absolutamente. En Southern Injury Attorneys, tenemos personal bilingüe que habla español con fluidez y está listo para ayudarlo. Entendemos la importancia de comunicarnos en el idioma en el que se sienta más cómodo. Llámenos para una consulta gratuita en español.
A driver who says “I didn’t see the motorcycle” can still be held liable. Texas law requires drivers to maintain a proper lookout and yield the right-of-way. Failure to see a reasonably visible motorcyclist is evidence of negligence, not a valid defense. We use witness statements, video evidence, and expert reconstruction to rebut this common excuse.
Every case is different. Simple cases with clear liability and minor injuries may settle in a few months. Complex cases involving severe injuries, disputed fault, or multiple parties can take a year or more. The most important thing is not to rush the process and settle before you know the full extent of your injuries and future medical needs.
Yes. Mental anguish, including anxiety, depression, and post-traumatic stress disorder (PTSD), is a recognized category of non-economic damages in Texas. We work with mental health professionals to document the psychological impact of the crash and include it in your claim.
If your claim is denied, you have options. We can appeal the denial, file a lawsuit, or pursue other avenues of recovery, such as your own UM/UIM coverage. An experienced attorney can review the denial letter and determine the best strategy to fight back.
Yes. If a defective part (such as faulty brakes or a tire blowout) caused your accident, you may have a product liability claim against the manufacturer or seller. These cases are complex and require expert analysis, but they can result in significant compensation.
You can still pursue a claim against the deceased driver’s estate and their insurance company. The legal process may be slightly different, but your right to compensation remains intact.
Most motorcycle accident cases settle before trial. However, if the insurance company refuses to make a fair offer, we are fully prepared to take your case to court. Our trial-ready posture often motivates insurance companies to negotiate in good faith.
Yes, as long as you are 50% or less at fault. Your recovery will be reduced by your percentage of fault under Texas’s proportionate responsibility rule. For example, if you are 30% at fault, your damages will be reduced by 30%.
Some serious injuries, like concussions or soft tissue damage, may not show symptoms immediately. This is why it is critical to see a doctor right away, even if you feel fine. If symptoms appear later, document them with your doctor and inform your attorney immediately.
Self-employed individuals can recover lost income by providing documentation such as tax returns, profit and loss statements, invoices, and letters from clients. An economic expert can help calculate the full value of your lost earnings and future earning capacity.
Absolutely. As a passenger, you can file a claim against any at-fault party, which may include the driver of another vehicle or, in some cases, the driver of the motorcycle you were riding on. Passengers are often entitled to significant compensation because they have no control over the operation of the motorcycle.
Insurance companies often accuse claimants of exaggerating or fabricating their injuries. We counter these tactics with strong medical evidence, expert testimony, and documentation of your treatment. We also investigate the insurance company’s claims practices and hold them accountable for bad faith.
No. You have the right to choose your own doctor. In fact, using an insurance company’s preferred provider can create a conflict of interest, as that doctor may downplay your injuries to save the insurance company money. Always seek treatment from a doctor you trust.
Many medical providers will treat you on a lien basis, meaning they agree to wait for payment until your case settles. We can also help you access your PIP or MedPay coverage for immediate support. Do not let financial concerns prevent you from getting the medical care you need.
No. Once you sign a settlement agreement and accept payment, you generally cannot reopen your case, even if your condition worsens. This is why it is critical to wait until you reach maximum medical improvement (MMI) before settling.
MMI is the point at which your condition has stabilized and is not expected to improve significantly with further treatment. Reaching MMI allows your doctor to provide a more accurate prognosis and helps us calculate the full value of your future medical needs.
Commercial truck accidents are more complex than regular car accidents. We investigate the trucking company’s safety record, the driver’s qualifications and logbooks, and the truck’s maintenance history. We also review federal regulations and telematics data. Learn more about our approach on our Houston trucking accident lawyers page.
Rear-end collisions are almost always the fault of the following driver. These cases often involve clear liability, but they can still result in serious injuries. We gather evidence such as skid marks, vehicle damage, and witness statements to prove the other driver’s negligence. For more information, visit our Houston rear-end accident lawyers page.
Punitive damages are only available in cases involving gross negligence or intentional misconduct, such as a drunk driver who causes a fatal crash. These damages are designed to punish the defendant and deter similar behavior in the future. They are rare but can significantly increase the value of your case.
Accidents in parking lots are still covered under Texas personal injury law. Liability can be more complex because parking lots often have unclear right-of-way rules. We investigate the specific circumstances of your crash to determine who was at fault.
We work with life-care planners and medical experts to project the cost of your future medical needs, including surgeries, physical therapy, medications, and assistive devices. This ensures that your settlement accounts for the long-term impact of your injuries.
Lane-splitting (riding between lanes of traffic) is not explicitly legal or illegal in Texas, but it can affect your claim. Insurance companies will argue that you were engaging in risky behavior. We counter this by showing that the other driver’s negligence was the primary cause of the crash.
Yes. Permanent scarring or disfigurement is a recognized category of non-economic damages. We use photos, medical records, and testimony from you and your loved ones to show the emotional and psychological impact of visible injuries.
Texting while driving is illegal in Texas and is strong evidence of negligence. We subpoena the other driver’s cell phone records to prove they were distracted at the time of the crash. This can significantly strengthen your case.
If a loved one was killed in a motorcycle accident, their family may be entitled to file a wrongful death claim. These claims seek compensation for funeral expenses, loss of financial support, loss of companionship, and the pain and suffering of the deceased before their death. We handle these cases with compassion and dedication.
Drunk driving is a clear act of negligence and may also support a claim for punitive damages. We work with law enforcement to obtain the police report, blood alcohol test results, and any criminal charges filed against the driver. Texas also has a dram shop law that may allow you to sue the bar or restaurant that served the driver.
Yes, under Texas’s dram shop law. If a bar, restaurant, or liquor store served alcohol to a visibly intoxicated person who then caused your accident, you may be able to hold them liable. These cases require strong evidence and an experienced attorney.
Bring any documents you have, such as the police report, photos of the accident scene and your injuries, medical records and bills, insurance information, and a list of any questions you have. However, even if you don’t have any documents, we can still help you.
Bring any documents you have, such as the police report, photos of the accident scene and your injuries, medical records and bills, insurance information, and a list of any questions you have. However, even if you don’t have any documents, we can still help you.
If you suffered serious injuries, if fault is disputed, if the insurance company is offering a lowball settlement, or if you are unsure of the value of your claim, you need a lawyer. Insurance companies have teams of lawyers working to minimize your payout. You need an experienced advocate on your side.
Don’t panic. While it’s not ideal, an experienced attorney can still help you. We will review the statement and develop a strategy to address any issues it may have created. The most important thing is to not give any further statements without legal representation.
Yes. You have the right to change attorneys at any time. If you are unhappy with your current representation, contact us for a free consultation. We can review your case and discuss the process of transferring your representation.