If you or someone you love has been hurt in a motorcycle accident, you already know how frightening and painful the aftermath can be. You may be dealing with serious injuries that require emergency surgery, ongoing rehabilitation, or weeks away from work. The medical bills are piling up, and the driver who caused the accident may already have an insurance company working to minimize what happened to you. You deserve someone in your corner who understands what motorcycle accident victims face and will fight to get you the compensation your family needs to move forward.
Austin is one of the fastest-growing cities in the country, and that rapid growth has made its roads more dangerous for motorcycle riders than ever before. The Texas Department of Transportation reports that more than 580 motorcyclists are killed on Texas roads each year, with thousands more suffering serious injuries.[1] Travis County consistently ranks among the top five counties in the state for motorcycle accidents, and Austin riders face particular dangers on high-traffic corridors like I-35, MoPac Expressway, US-183, and US-290.[2] The National Highway Traffic Safety Administration confirms that motorcyclists are roughly 28 times more likely to die in a crash than passenger car occupants per vehicle mile traveled, and five times more likely to be injured.[3]
At Jim Adler, The Texas Hammer®, we have spent decades fighting for injured Texans in Austin and Central Texas, and we are ready to fight for you, too.
With offices serving Austin and communities throughout Texas, our team can move quickly to protect evidence and start building your motorcycle accident case. Your first step is a FREE motorcycle accident case review.
Call 1-800-505-1414 now or click here to get started online.
After a serious motorcycle accident, the last thing you should have to worry about is navigating the legal system while you are trying to heal. You need a team that will take the legal burden off your shoulders, move quickly to protect your rights, and fight to recover the full value of everything you have lost. At Jim Adler & Associates, we have been standing up for injured Texans for more than 50 years, and we bring that experience and determination to every motorcycle accident case we handle in Austin and throughout Central Texas.
Evidence from a motorcycle accident can disappear faster than most people realize. Skid marks fade with traffic and weather, nearby business surveillance footage gets recorded over, and witnesses forget critical details or move away. The driver who caused your accident may also repair or replace their vehicle before anyone has a chance to document the damage. An Austin motorcycle accident attorney from our firm can step in quickly to investigate the scene, photograph physical evidence, and interview witnesses while their memories are still fresh.
Our team also works to obtain police reports, traffic camera footage, and any available data from the vehicles involved in the collision. A thorough investigation is the foundation of a strong injury claim, and every piece of evidence our team collects early in the process strengthens your position against the insurance company. The sooner you contact us after your accident, the more evidence we can protect on your behalf.
The insurance company for the driver who hit you is not on your side, no matter how friendly the adjuster may sound on the phone. Their job is to protect their company’s money, and they are trained to use specific tactics designed to reduce or deny your claim. Adjusters often reach out to motorcycle accident victims within hours of a crash, hoping to obtain recorded statements or push quick settlement offers before you understand the true value of your injuries. Even an innocent comment about feeling better or apologizing out of habit can be used against you later.
A motorcycle accident attorney Austin riders trust can take over all communications with the insurance company so you do not have to worry about saying something that hurts your case. Our team at Jim Adler & Associates handles every phone call, letter, and request from the insurer, allowing you to focus entirely on your recovery. We know the tactics these companies use because we have been fighting them for decades, and we do not let adjusters take advantage of injured people.
A successful motorcycle accident case requires much more than a police report and a few photographs. Your legal team needs to build a comprehensive file that connects the other party’s negligence directly to your injuries and financial losses. This process involves obtaining your complete medical records, consulting with medical experts about your diagnosis and prognosis, and documenting every expense and hardship the accident has caused you and your family.
Our attorneys also work with accident reconstruction specialists when necessary to establish exactly how the collision occurred and who bears fault. We review traffic camera footage, cell phone records, and vehicle data to build a clear picture of what happened. Every detail matters when you are going up against an insurance company that is looking for any reason to reduce your compensation, and our team leaves no stone unturned in the investigation of your case.
One of the most common mistakes motorcycle accident victims make is accepting a settlement before they understand the full extent of their losses. Insurance companies count on this, offering checks that may cover your current medical bills but leave you responsible for future treatment, lost wages, and the pain and suffering that will follow you for months or years. An Austin motorcycle accident lawyer from our firm works with medical professionals and economic experts to calculate the true cost of your injuries, including expenses you may not have considered.
This process accounts for every category of damages you may be entitled to, from emergency room visits and rehabilitation to diminished earning capacity, emotional distress, and the ways your injuries have changed your daily life. We fight to make sure the insurance company cannot shortchange you by ignoring the long-term consequences of your accident, because you deserve compensation that reflects the full impact of what happened to you.
Most motorcycle accident cases resolve through settlement negotiations, but the key to obtaining a fair offer is showing the insurance company that your legal team is fully prepared to go to trial if necessary. Insurance adjusters know which law firms will accept whatever offer lands on the table and which ones will take a case in front of a jury. At Jim Adler & Associates, we prepare every case as though it is headed to trial, and that approach consistently produces better results for our clients.
When the insurance company refuses to offer fair compensation, we do not back down. Our firm has a team of more than 30 attorneys and 300 legal professionals with the resources and experience to take your case to court and present it to a jury. The Texas Hammer® has spent decades building a reputation for aggressive representation, and insurance companies know we mean business when we reject an inadequate offer.
You should never have to choose between getting legal help and paying for groceries or treatment costs after a motorcycle accident. At Jim Adler & Associates, your consultation is free, and we handle motorcycle accident cases on a contingency fee basis.* That means you pay no attorney fees unless we recover compensation for you.* Our team invests the time, resources, and expertise to build your case at no upfront cost, so you can focus on healing while we focus on fighting for your family’s future.
If you or someone you love has been hurt in a motorcycle accident in Austin, do not wait to get legal help. Call Jim Adler, The Tough, Smart Lawyer®, today for a free consultation and let our team start fighting for the compensation you deserve.*
With hundreds of motorcycle accident lawsuits filed, our numbers speak for themselves.
Client Received
$15, 461, 000
Attorney Fees
$10, 398, 984 .43
Expenses
$140, 015 .57
Client Received
$15, 461, 000
Attorney Fees
$10, 398, 984 .43
Expenses
$140, 015 .57
Client Received
$9, 436, 300
Attorney Fees
$6, 399, 965
Expenses
$163, 735
Client Received
$9, 436, 300
Attorney Fees
$6, 399, 965
Expenses
$163, 735
Client Received
$4, 898, 086
Attorney Fees
$3, 806, 000
Expenses
$227, 835
Client Received
$4, 898, 086
Attorney Fees
$3, 806, 000
Expenses
$227, 835
Client Received
$3, 237, 600
Attorney Fees
$2, 199, 623 .77
Expenses
$62, 776 .23
Client Received
$3, 237, 600
Attorney Fees
$2, 199, 623 .77
Expenses
$62, 776 .23
Motorcycle accidents rarely happen by chance, and most of them trace back to someone failing to follow the rules of the road or failing to watch for riders who share it. Austin’s rapid growth has put more vehicles on already congested highways and surface streets, and that increased traffic volume makes every common cause of motorcycle accidents even more dangerous for riders in Travis County. Understanding what caused your accident matters because it helps identify who should be held accountable for your injuries and determines the strength of your injury claim. The National Highway Traffic Safety Administration reports that 42 percent of fatal two-vehicle motorcycle accidents involve a passenger vehicle turning left while the motorcycle is traveling straight through an intersection, and that the majority of multi-vehicle motorcycle accidents happen because drivers simply fail to see the rider.[4]
Whatever caused your motorcycle accident, you deserve to know the truth about what happened and who should be held responsible. An Austin motorcycle accident attorney from Jim Adler & Associates can investigate every detail, identify the negligent parties, and fight to make sure they are held accountable for the harm they caused you and your family.
“The insurance company wanted me to settle for a lot less and Jim Adler negotiated for me to get a lot more. ” Ariana
“Jim Adler took care of, literally, everything. I didn't have to do anything.” Whitney
“Man, he worked fast. From my vehicle getting fixed ... and getting paid what I deserve for the accident. ” Sergio
“Jim Adler was to me, he was the last string of hope that I had. He was my saver.” Bryan
“I called Jim Adler and he came through. They got me more than the insurance company had offered.” Tamara
“Definitely took charge of the situation from the very beginning. It was A-Z. I didn't have to do anything... I was definitely happy with the compensation.” Troy
Motorcyclists do not have the protection of a steel frame, airbags, or seatbelts, which means the human body absorbs the full force of any collision. Even accidents at moderate speeds can leave riders with injuries that change the course of their lives forever, requiring months or years of medical treatment, rehabilitation, and time away from work. If you are dealing with a serious injury after a motorcycle accident in Austin, understanding what you are facing can help you make informed decisions about your medical care and your legal options. An experienced Austin motorcycle accident attorney can help you document the full extent of your injuries and fight to recover compensation that accounts for every way this accident has affected your life.
The violent impact of a motorcycle collision can cause your head to strike the pavement, a vehicle, or other hard surfaces with tremendous force. These impacts can result in skull fractures, bleeding in the brain, and diffuse axonal injury, where the brain’s internal connections are torn apart. The NHTSA estimates that helmets are 37 percent effective at preventing fatal head injuries, which means that even riders who wear proper protective gear can still suffer devastating brain trauma in a serious accident.[3]
Many motorcycle accident victims do not realize they have a brain injury until days or weeks later, when symptoms like persistent headaches, confusion, memory problems, personality changes, and difficulty concentrating begin to interfere with daily life. Traumatic brain injuries often require extensive neurological treatment, and the effects may permanently alter your ability to work, maintain relationships, and enjoy the activities that mattered to you before the accident.
Your spine absorbs tremendous force during a motorcycle accident, and the damage can range from painful herniated discs to complete paralysis. When the spinal cord itself is damaged, victims may lose feeling and movement below the point of injury, sometimes permanently. Partial spinal cord injuries can leave riders with chronic pain, limited mobility, and the need for assistive devices that fundamentally change how they navigate their daily lives.
These injuries frequently require emergency surgery, followed by months or years of physical therapy, pain management, and ongoing medical care. Many victims find that they can no longer work in their previous occupation or participate in hobbies and activities that once brought them happiness. The financial and emotional toll of living with a spinal injury extends far beyond the initial emergency room visit, and your compensation should reflect every aspect of that long-term burden.
Broken bones are extremely common in motorcycle accidents, and the fractures riders suffer tend to be far more severe than those seen in typical passenger vehicle collisions. Shattered pelvises, crushed legs, broken ribs, fractured wrists, and compound fractures where the bone pierces through the skin all require extensive surgical repair and lengthy recovery periods. Many victims need metal plates, screws, or rods implanted permanently, and some fractures never heal properly despite the best available medical care.
Orthopedic injuries can keep you out of work for months and may permanently limit your ability to perform physical tasks that your job or daily routine requires. The cost of multiple surgeries, follow-up appointments, physical therapy sessions, and prescription medications adds up quickly, and these expenses deserve to be fully accounted for in any compensation you pursue after your accident.
When a rider is thrown from a motorcycle and slides across pavement, the friction strips away layers of skin and underlying tissue in what is commonly known as road rash. While some people dismiss road rash as a minor scrape, severe cases can damage skin down to the muscle and bone, requiring skin grafts, specialized wound care, and multiple surgeries to treat. The scarring and disfigurement from serious road rash can affect victims for the rest of their lives and may require ongoing cosmetic procedures.
Soft tissue injuries such as torn ligaments, tendons, and muscles are also common after motorcycle accidents and can cause chronic pain and limited range of motion long after the initial wounds heal. These injuries may not show up on standard X-rays, which sometimes leads insurance companies to argue that the damage is not as serious as the victim claims. A motorcycle accident lawyer Austin families rely on can work with your medical team to document these injuries thoroughly and make sure nothing is overlooked.
The blunt force trauma of a motorcycle collision can damage internal organs even when there are no visible wounds on the outside of the body. Ruptured spleens, lacerated livers, punctured lungs, and internal bleeding are all life-threatening conditions that require immediate emergency surgery. These injuries are especially dangerous because victims may not realize the severity of their condition until it becomes critical, which is one of the many reasons why seeking medical attention right away after a motorcycle accident is so important.
Internal injuries often lead to extended hospital stays, follow-up surgeries, and long-term monitoring to make sure complications do not develop after the initial treatment. The treatment costs associated with these injuries can reach well into six figures, and they deserve to be fully documented and pursued as part of your compensation.
In the most catastrophic motorcycle accidents, riders may lose arms, legs, hands, or feet either during the collision itself or through surgical amputation when doctors cannot save a crushed limb. Learning to live with an amputation requires not only extensive physical rehabilitation and custom prosthetic devices but also profound emotional adjustment that affects every aspect of daily life. Many amputees struggle with phantom pain, depression, and the challenge of relearning how to perform everyday tasks they once took for granted.
The long-term costs of living with an amputation are substantial, including ongoing prosthetic maintenance and replacement, home and vehicle modifications, occupational therapy, and mental health treatment. These expenses can continue for the rest of your life, and an Austin motorcycle accident lawyer from our firm will fight to make sure your compensation accounts for every one of them.
Tragically, many motorcycle accidents result in death, leaving families to cope with sudden and devastating loss. The Texas Department of Transportation reports that on average, one motorcyclist dies on Texas roads every single day, and many of these fatalities occur on the busy highways and intersections that Austin riders navigate regularly.[1] When a loved one dies because of another driver’s negligence or reckless behavior, surviving family members may have the right to pursue a wrongful death claim under Texas Civil Practice and Remedies Code Chapter 71.[5]
No amount of money can replace someone you love, but holding the responsible parties accountable can provide financial security for your family and a measure of justice for the life that was taken. As The Voice of The Victims™, Jim Adler & Associates has spent decades helping grieving families pursue wrongful death claims against negligent drivers and the insurance companies that protect them. If your family has suffered a loss, our team is here to carry the legal burden so you can focus on healing.
One of the most important steps in any motorcycle accident case is identifying every person and entity that shares responsibility for what happened to you. Unlike a simple fender bender between two passenger vehicles, motorcycle accidents can involve multiple parties whose negligence contributed to the collision or made your injuries worse. Identifying all responsible parties matters because each one may carry separate insurance coverage, and holding every negligent party accountable can significantly increase the total compensation available to cover your losses. Our team at Jim Adler & Associates investigates every link in the chain to make sure no responsible party escapes accountability.
The driver of the vehicle that struck you is often the most obvious party at fault, and their negligence may take many forms. Failing to yield at an intersection, making an unsafe lane change, running a red light, texting behind the wheel, or driving while impaired are all examples of negligent behavior that can lead to devastating motorcycle accidents. A motorcycle accident attorney Austin victims rely on will work to prove that the driver owed you a duty of care, that they breached that duty through their actions or inattention, and that their breach directly caused the injuries you are now living with.
Another motorcyclist or a bicyclist can also cause an accident through reckless riding, failure to obey traffic signals, or riding while impaired. When another two-wheeled rider causes a collision that injures you, they can be held liable for your damages just like any other negligent motorist on the road. Our attorneys investigate the actions of every party involved in the accident to determine exactly who bears fault for your injuries.
While motorcyclists are trained to watch for pedestrians, there are situations where a pedestrian’s own negligence contributes to or directly causes a motorcycle accident. A person who darts into traffic outside of a crosswalk, crosses against a signal, or steps into the road while distracted by a phone can force a motorcyclist to swerve or brake suddenly, leading to a serious collision. When a pedestrian’s careless actions cause a rider’s injuries, that individual may be held responsible for the resulting damages.
If the driver who caused your accident was working at the time of the collision, their employer may share liability for your injuries under the legal doctrine of respondeat superior. This principle holds employers responsible for the negligent actions of their employees when those actions occur within the scope of employment. Delivery drivers, commercial vehicle operators, and rideshare drivers are common examples, and the employer’s commercial insurance policy often provides significantly more coverage than a personal auto policy.
Sometimes a motorcycle accident is caused not by another driver’s negligence but by a defective vehicle or component. Faulty brakes, defective tires, malfunctioning throttle systems, and flawed helmet designs can all contribute to or worsen a motorcycle collision. Under Texas Civil Practice and Remedies Code Chapter 82, manufacturers and sellers of defective products may be held strictly liable for injuries their products cause, which means you may not need to prove traditional negligence to hold them accountable.[6]
Dangerous road conditions like potholes, missing signage, poorly designed intersections, and unfinished construction zones can all contribute to motorcycle accidents. When a government entity or its contractor is responsible for maintaining the road where your accident occurred, that entity may share liability for your injuries. Claims against government agencies follow special rules under the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, including shorter notice deadlines that may require you to act within as little as six months.[7]
If the driver who hit you was intoxicated, the bar, restaurant, or other establishment that served them alcohol may also bear responsibility for your injuries. Under Texas Alcoholic Beverage Code Section 2.02, commonly known as the Dram Shop Act, an establishment can be held liable if it served alcohol to a person who was obviously intoxicated to the point of presenting a clear danger to themselves and others, and that intoxication was a direct cause of the accident.[8] These claims add another layer of accountability and another source of insurance coverage that may be available to compensate you for your injuries.
An Austin motorcycle accident attorney from The Texas Hammer® knows how to investigate every potential source of liability and pursue every responsible party. The more thoroughly we investigate your case, the stronger your position becomes when we negotiate with insurers or present your case at trial.
Our Austin motorcycle accident lawyers help Texans get the financial compensation they deserve. We only get paid if you win.* And we fight to win.
Understanding the motorcycle laws that apply to riders in Austin and across Texas can help you protect yourself on the road and recognize when another party’s violation of these rules contributed to your accident. These laws also play an important role in motorcycle accident cases because violations by either party can affect how fault is assigned and how much compensation you may recover. The following overview covers the most important rules, but every situation is different, and a motorcycle accident attorney Austin riders trust can explain how these laws apply to your specific case.
Under Texas Transportation Code Section 661.003, all motorcycle operators and passengers are required to wear protective headgear that meets safety standards adopted by the Texas Department of Public Safety.[9] Riders who are 21 years of age or older may qualify for an exemption if they have successfully completed an approved motorcycle operator training and safety course under Chapter 662 of the Transportation Code, or if they carry a health insurance plan that provides coverage for injuries from a motorcycle collision.[9]
This helmet law matters in accident cases because insurance companies often argue that a rider who was not wearing a helmet bears some responsibility for the severity of their head injuries. Even if you legally qualified for the exemption, the other side may try to use your decision against you to reduce your compensation. An Austin motorcycle accident lawyer from our firm understands how to counter these arguments and fight to make sure your claim reflects the full value of your injuries.
Lane splitting, which refers to riding a motorcycle between lanes of traffic moving in the same direction, is illegal in Texas. Texas Transportation Code Section 545.0605 states that a motorcycle operator may not operate between lanes of traffic moving in the same direction and may not pass a motor vehicle while occupying the same lane as the vehicle being passed.[10] The statute does entitle motorcyclists to full use of a lane, meaning other vehicles cannot crowd or force a motorcycle to share its lane.
If you were involved in an accident and the other driver or their insurance company claims you were lane splitting at the time, this accusation can affect how fault is assigned under the proportionate responsibility rules that govern Texas personal injury cases. Our attorneys know how to challenge false lane-splitting allegations and protect your right to fair compensation.
To legally operate a motorcycle in Texas, you must hold a valid Class M motorcycle license or have a motorcycle endorsement added to your existing driver’s license. Texas Transportation Code Section 521.084 authorizes Class M license holders to operate motorcycles on public roads, and Section 521.148 requires applicants to furnish evidence that they have successfully completed a motorcycle operator training and safety course before receiving that authorization.[12] Riding without a proper motorcycle license can affect your accident claim because the other side may argue that your lack of proper licensing contributed to the collision.
Texas requires every motorcycle to meet certain equipment standards before it can be legally operated on public roads. Under various sections of Texas Transportation Code Chapter 547, motorcycles must have functional brakes, at least one rearview mirror, a horn, working headlamps and tail lamps, reflectors, and a muffler.[13] These requirements exist to help riders see and be seen on the road and to maintain control of their vehicles in traffic. When an equipment failure contributes to a motorcycle accident, the party responsible for maintaining or manufacturing that equipment may share liability for the resulting injuries.
Understanding these laws is important, but navigating how they apply after a serious accident requires experienced legal guidance. Jim Adler & Associates can review the circumstances of your motorcycle accident and explain exactly how these rules affect your rights and your case.
The moments after a motorcycle accident can be overwhelming, and it is difficult to think clearly when you are hurt, scared, and trying to process what just happened. Taking certain steps in the hours and days following your accident may help protect both your health and your ability to seek compensation later. The following suggestions are general guidelines only, and your specific situation may require different actions depending on the circumstances. Your safety and medical care should always come first.
Every motorcycle accident is different, and you should always prioritize your health and safety above everything else. If you have questions about your specific situation or want to understand your legal options, The Texas Hammer® is here to help with a free consultation.*
Serious motorcycle accidents leave victims facing enormous financial pressure at a time when they are least able to handle it. You may be unable to work while treatment costs continue to pile up, and the emotional toll of living with painful injuries can affect every part of your daily life. Understanding what types of compensation you may be entitled to can help you make informed decisions about your case and avoid accepting a settlement that falls far short of what you actually need to recover. A motorcycle accident attorney Austin victims rely on can evaluate every category of loss in your case and fight to make sure nothing is left on the table.
Economic damages cover the financial losses you can calculate and document with receipts, bills, and pay stubs. Medical expenses are often the largest category, including emergency room visits, surgeries, hospital stays, medications, diagnostic imaging, physical therapy, and any future treatment your doctors say you will need. Rehabilitation costs for serious motorcycle injuries can stretch over months or years, and you may require specialized equipment, home modifications, or in-home care to manage your recovery.
Lost income compensates you for the wages you missed while you were too hurt to work, but the financial impact of a serious motorcycle accident often goes far beyond your immediate paycheck. If your injuries prevent you from returning to your previous job or limit the type of work you can perform in the future, you may be entitled to compensation for your diminished earning capacity over the rest of your working life. Property damage covers the cost of repairing or replacing your motorcycle and any personal belongings destroyed in the accident, including your helmet, riding gear, and other equipment. Other out-of-pocket expenses such as transportation to medical appointments, hired help for household tasks you can no longer perform, and costs related to modifying your home or vehicle may also be recoverable.
Not every loss from a motorcycle accident shows up on a bill or bank statement. Non-economic damages recognize the human cost of your injuries, including the physical pain you have endured and will continue to experience during your recovery. Mental anguish covers the anxiety, depression, fear, and psychological suffering that often accompany serious injuries, and these emotional wounds can be just as debilitating as the physical ones. Many motorcycle accident victims develop post-traumatic stress disorder that makes it difficult to ride in or even be near vehicles without experiencing intense fear and panic.
Scarring and disfigurement from road rash, surgical incisions, and burn injuries can affect your self-confidence and how others perceive you, and Texas Civil Practice and Remedies Code Chapter 41 allows compensation for these lasting changes to your appearance and quality of life.[14] Loss of consortium recognizes the damage your injuries have done to your relationship with your spouse, including your ability to provide companionship, support, and intimacy, and your spouse may have a separate claim for these losses. Loss of enjoyment of life compensates you for the hobbies, activities, and experiences you can no longer participate in because of what happened to you. These damages are more difficult to quantify than medical bills, but they represent real harm that deserves fair compensation.
In most motorcycle accident cases, compensation focuses on making you whole by covering your losses. However, Texas Civil Practice and Remedies Code Section 41.003 allows for an additional category called exemplary damages, commonly known as punitive damages, when the person or company that caused your injuries acted with fraud, malice, or gross negligence.[14] These damages are designed to punish especially reckless or intentional behavior and discourage others from acting the same way.
Punitive damages might apply in a motorcycle accident case if a driver was heavily intoxicated, if an employer knowingly allowed an unqualified driver to operate a commercial vehicle, or if a manufacturer concealed a known defect in a vehicle or motorcycle component. While these damages are not available in every case, they can significantly increase your total recovery when the evidence shows truly outrageous conduct. Our Austin motorcycle accident attorneys evaluate every case for potential punitive damages and pursue them aggressively when the facts support it.
Every motorcycle accident case is different, and there is no simple formula that can predict exactly how much compensation you may receive. However, experienced motorcycle accident attorneys evaluate several key factors when estimating the potential value of a claim. Understanding these factors can help you set realistic expectations and recognize why you should never accept the first offer an insurance company puts on the table.
While we cannot promise a specific dollar amount without understanding your full situation, our team at Jim Adler & Associates will fight for every dollar you deserve and will not accept a lowball offer just to close your case quickly.
One of the most common concerns motorcycle accident victims have is whether they can still pursue compensation if they were partially responsible for the accident. Insurance companies know this is a fear many riders carry, and they frequently try to shift as much blame as possible onto the motorcyclist by pointing to speed, lane positioning, or the decision not to wear a helmet. The good news is that under Texas Civil Practice and Remedies Code Section 33.001, you can still recover compensation even if you were partially at fault for the accident, as long as your share of responsibility does not exceed 50 percent.[15] Your total damages will be reduced by your percentage of fault, so if you were found to be 20 percent responsible and your total damages were $200,000, you would receive $160,000.
However, there is a critical limit to this rule. If you are found to be 51 percent or more at fault for the accident, you are barred from recovering anything at all from the other party. Insurance adjusters understand this threshold and will work aggressively to push your share of fault above that line, often relying on common biases against motorcyclists to do so. Adjusters may argue that you were speeding, riding too close to other vehicles, or failed to take evasive action, even when the evidence does not support those claims. An Austin motorcycle accident attorney from Jim Adler & Associates knows how to fight back against these blame-shifting tactics, protect your version of events with solid evidence, and make sure that fault is assigned fairly based on what actually happened.
If you are considering filing a lawsuit after a motorcycle accident in Austin, one of the most important things you need to understand is the deadline for taking legal action. Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of your accident to file a personal injury lawsuit in a Texas court.[16] Missing this deadline almost always means losing your right to seek compensation forever, no matter how strong your case might be. Two years may sound like plenty of time, but building a strong motorcycle accident case requires thorough investigation, and critical evidence can disappear quickly if you wait too long.
If you are only pursuing property damage for the destruction of your motorcycle and riding gear without any bodily injury claims, the same two-year limitations period under Section 16.003 generally applies to those losses as well.[16] You should not assume that a property-only claim gives you more or less time to act, and filing promptly helps ensure that documentation of the damage to your motorcycle and equipment is still available when your legal team needs it.
If a loved one was killed in a motorcycle accident, wrongful death claims must also be filed within two years, but the clock generally starts on the date of the person’s death rather than the date of the accident itself.[16] This distinction matters because some accident victims survive for days, weeks, or even months before passing away from their injuries, and the filing deadline reflects the date of death rather than the date of the collision.
If the injured motorcyclist is a minor under the age of 18, the statute of limitations may be tolled, meaning the clock does not begin running until that person reaches the age of 18. Once the minor turns 18, they generally have two years from that date to file their claim. Families with injured children should still seek legal guidance as early as possible, and securing evidence and documenting injuries promptly strengthens the case regardless of when the lawsuit is ultimately filed.
If your claim is against a government entity such as the City of Austin, Travis County, or the State of Texas, you face additional notice requirements under the Texas Tort Claims Act, Chapter 101 of the Civil Practice and Remedies Code, that may require you to file a formal notice of your claim within as little as six months of the accident.[7] Failing to meet these shorter deadlines can bar your claim entirely, even if the two-year statute of limitations has not yet expired.
In rare cases where an injury from the accident was not discovered right away, the discovery rule may delay the start of the limitations period until the date you discovered or reasonably should have discovered the injury. This exception is narrow and applies only in specific circumstances, so you should not rely on it without first consulting with an attorney who can evaluate whether it applies to your situation.
The consequences of missing any of these deadlines can be severe, which is why the safest course of action is to contact a motorcycle accident attorney Austin families trust as soon as possible after the accident. Bill Adler and our legal team at Jim Adler & Associates encourage you to reach out early so we can begin protecting your rights and building your case while the evidence is still available.
When you are recovering from a serious motorcycle accident, the law firm you choose can make the difference between a lowball settlement that barely covers your current medical bills and full compensation that accounts for every way the accident has changed your life. At Jim Adler & Associates, we have spent more than 50 years earning the trust of injured Texans, and our track record speaks for itself.
Motorcycle accident victims face unique challenges that riders in passenger vehicles do not, including bias from insurance adjusters who assume motorcyclists are reckless, injuries that tend to be far more severe, and legal issues surrounding helmet use and lane positioning. Our team understands these challenges because we have handled motorcycle accident cases across Texas for decades. We know how to counter the stereotypes that insurance companies use against riders and how to present your case in a way that focuses on the negligent driver’s actions rather than unfair assumptions about motorcyclists.
When you call our firm, you will not be passed off to a call center or left wondering what is happening with your case. You work directly with a dedicated Austin motorcycle accident lawyer and a legal team that keeps you informed every step of the way. We know that a motorcycle accident affects your whole family, and we treat you like a person, not just another case number. We can also help you access the medical care you need through a Letter of Protection, which allows doctors in our trusted network to provide treatment now and wait for payment until your case is resolved.
Taking on insurance companies requires more than legal knowledge. It requires financial resources, expert witnesses, and a team large enough to build your case the right way. Jim Adler & Associates has a team of more than 30 attorneys and 300 legal professionals with the resources to go toe-to-toe with the largest insurers in the country. Our track record includes multi-million dollar verdicts and settlements for accident victims, and insurance companies know that The Texas Hammer® does not make empty threats.
Our attorneys know the Austin roads where motorcycle accidents happen most frequently, from the congested stretches of I-35 and MoPac to the intersections along Lamar Boulevard and South Congress Avenue. We understand the local court system, the judges and juries in Travis County, and the specific challenges that Austin’s rapid growth and heavy traffic create for motorcycle riders. That local knowledge gives us an advantage when investigating your accident and presenting your case.
If you or someone you love has been hurt in a motorcycle accident, you do not have to face the insurance companies alone. The Texas Hammer® has spent more than 50 years standing up for injured Texans, and we are ready to fight for you, too. Our team will investigate your motorcycle accident, identify every responsible party, and pursue the full compensation you deserve while you focus on healing. You pay nothing unless we win your case, and your initial consultation is completely free.* Call us today or fill out the form on this page to get started.
After a serious motorcycle accident, you probably have a lot of questions about what comes next and how to protect your family’s future. The answers below address some of the concerns we hear most often from people in your situation. If you have questions that are not covered here, our team is always available to speak with you directly.
The value of your case depends on the specific facts of your situation, including the severity of your injuries, how much your medical treatment costs, how much income you have lost, and how the accident has affected your daily life and relationships. Motorcycle accidents tend to result in larger settlements and verdicts than typical car accidents because the injuries are often more severe and because more insurance coverage is typically available.
We cannot promise a specific dollar amount without understanding your full situation, but we can promise that we will fight for every dollar you deserve. At Jim Adler & Associates, our contingency fee is 35 percent if your case is resolved without filing a lawsuit, and 40 percent if filing a lawsuit becomes necessary to pursue the compensation you deserve.* You are also responsible for court costs and expenses regardless of the outcome of your case.* We explain all of these terms clearly during your free consultation so you understand exactly what to expect before you sign anything.
At Jim Adler & Associates, your initial consultation is completely free, and we handle motorcycle accident cases on a contingency fee basis.* That means you pay no attorney fees unless we recover compensation for you.* This fee structure allows you to hire experienced legal representation without worrying about how to pay for it while you are dealing with medical bills and time away from work. Our team invests the time, resources, and expertise to build your case at no upfront cost, so you never have to choose between getting legal help and taking care of your family.
We strongly recommend that you speak with an Austin motorcycle accident attorney before giving any statements to the other driver’s insurance adjuster. These adjusters are trained professionals whose job is to protect their company’s money, not to help you. They often reach out to motorcycle accident victims within hours of a collision, hoping to obtain recorded statements or push quick settlement offers before people understand the true value of their injuries. Anything you say to an adjuster can be used against you later to reduce your compensation, and even innocent comments about feeling fine or apologizing out of habit can be twisted to suggest your injuries are not serious or that you were at fault. Let our team handle all communications with the insurance companies so you can focus on your recovery.
You should contact a motorcycle accident attorney as soon as possible after your accident. Evidence like surveillance footage, skid marks, and witness memories begins to deteriorate or disappear within days of a collision, and the insurance company is already building its case against you from the moment the accident happens. The sooner you have a legal team working on your behalf, the more evidence we can protect and the stronger your position becomes. Additionally, the Texas Civil Practice and Remedies Code Section 16.003 sets a two-year deadline for filing a personal injury lawsuit, and that time passes much faster than most people expect when they are focused on recovering from serious injuries.[16]
You are not legally required to hire an attorney, but handling a motorcycle accident claim on your own puts you at a significant disadvantage against insurance companies that have teams of adjusters, investigators, and lawyers working to minimize what they pay you. Motorcycle accident cases involve complex issues like multiple sources of liability, federal and state traffic regulations, and long-term damage calculations that require specialized legal knowledge and access to expert witnesses. A motorcycle accident lawyer Austin riders trust can also counter the common biases that insurance companies use against motorcyclists to reduce or deny claims. The Insurance Research Council has found that accident victims who hire attorneys typically receive significantly higher settlements than those who try to negotiate on their own.[17]
Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of your motorcycle accident to file a personal injury lawsuit.[16] Wrongful death claims must also be filed within two years, typically from the date of death. If your claim involves a government entity such as the City of Austin or the State of Texas, you may face additional notice requirements under the Texas Tort Claims Act that require action within as little as six months.[7] Missing any of these deadlines can permanently destroy your right to seek compensation. An Austin motorcycle accident attorney from Jim Adler & Associates can make sure all deadlines are met and that your rights are fully protected from day one.
After a motorcycle accident in Austin, you need a team that knows how to take on insurance companies and fight for the full value of your injuries. Jim Adler & Associates steps in to secure evidence, handle insurance communications, and build your case while you focus on recovery. We fight negligent drivers and their insurers with thorough preparation and aggressive representation, not empty promises. Our team is available to speak with you in both English and Spanish.
We offer a free case review so you can understand your options before you commit. No fee unless we win.* Motorcycle accident cases move fast, and early action protects your rights and secures critical evidence. The Texas Hammer® is here for injured Texans and their families. If a motorcycle accident turned your life upside down in Austin or anywhere in Central Texas, let our team carry the legal load so you can focus on healing.
[1] Texas Department of Transportation, “Share the Road: Look Twice for Motorcycles,” Motorcycle Safety Campaign. https://www.txdot.gov/safety/traffic-safety-campaigns/motorcycle-safety.html
[2] Baumgartner Law Firm, “Texas Motorcycle Accident Statistics & Trends.” https://baumgartnerlawyers.com/texas-motorcycle-accident-statistics-and-crash-trends/
[3] National Highway Traffic Safety Administration, “Motorcycle Safety,” U.S. Department of Transportation. https://www.nhtsa.gov/road-safety/motorcycles
[4] National Highway Traffic Safety Administration, “Fatal Two-Vehicle Motorcycle Crashes,” DOT HS 810 834, U.S. Department of Transportation, September 2007. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/810834
[5] Texas Civil Practice and Remedies Code, Chapter 71, “Death by Wrongful Act.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm
[6] Texas Civil Practice and Remedies Code, Chapter 82, “Products Liability.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.82.htm
[7] Texas Civil Practice and Remedies Code, Chapter 101, “Tort Claims.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm
[8] Texas Alcoholic Beverage Code, Chapter 2, Section 2.02, “Dram Shop Act.” https://statutes.capitol.texas.gov/Docs/AL/htm/AL.2.htm
[9] Texas Transportation Code, Chapter 661, Section 661.003, “Offenses Relating to Not Wearing Protective Headgear.” https://statutes.capitol.texas.gov/Docs/TN/pdf/TN.661.pdf
[10] Texas Transportation Code, Section 545.0605, “Operation of Motorcycles on Roadway Laned for Traffic.” https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.0605
[11] Texas Transportation Code, Section 545.416, “Riding on Motorcycle or Moped.” https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.416
[12] Texas Transportation Code, Sections 521.084 and 521.148, “Class M License and Motorcycle Operator Training.” https://statutes.capitol.texas.gov/Docs/TN/htm/TN.521.htm
[13] Texas Transportation Code, Chapter 547, “Vehicle Equipment Standards.” https://statutes.capitol.texas.gov/Docs/TN/htm/TN.547.htm
[14] Texas Civil Practice and Remedies Code, Chapter 41, “Damages.” https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.41&artSec=41.001
[15] Texas Civil Practice and Remedies Code, Chapter 33, Section 33.001, “Proportionate Responsibility.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
[16] Texas Civil Practice and Remedies Code, Chapter 16, Section 16.003, “Two-Year Limitations Period.” https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
[17] Insurance Research Council. (1999). Paying for auto injuries: A consumer panel survey of auto accident victims. Insurance Research Council.
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