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FAQs after a motorcycle accident

Motorcycle collision law firm

The moments following a motorcycle accident are difficult to process, but don’t worry! Our Motorcycle collision law firm has created this list to help you better understand what comes next. Here are the most frequently asked questions after a motorcycle accident.

What should I do at the scene of the motorcycle accident?

First, get medical care for anyone hurt. If your motorcycle obstructs the road, move it out of the way if you can. Next, get the other driver’s insurance information to file a claim later. 

Should I see a doctor?

Yes, you should see a doctor after the accident. Often, a person will not realize how badly they are hurt or if they are hurt since their body may be in shock after the accident. 

Do I have to tell the police?

If anyone died, was seriously injured, or the property damage exceeds a certain amount, typically $1,000, you must tell the police. 

How long do I have to file a claim?

The statute of limitations in Texas is two years from the date of the accident. Any claim beyond that date will likely not receive any compensation. However, in some cases, the statute of limitations is much shorter. For example, you only have six months to file a claim with government vehicles. 

What if the at-fault driver has no or too little insurance coverage?

When the other driver does not have enough coverage, you can make a claim with your own insurance company. This example is why we recommend every driver carry uninsured/underinsured motorist coverage to cover any damages uncovered by the other driver’s insurance.

Do I have to wear a helmet?

In Texas, you must wear a helmet if you are under 21. However, if you are 21 or older, you do not have to wear a helmet if you have either completed an approved motorcycle training course or have medical insurance covering motorcycle accident injuries. However, the laws vary by state, so be sure to educate yourself on the laws in your state. 

What if I wasn’t wearing a helmet?

This answer depends on the state’s laws. Failure to wear a helmet could limit your ability to seek damages. Even if the law does not remove your ability to file a claim, not wearing a helmet can negatively affect your case. Insurance companies often claim that not wearing a helmet caused your injuries to be more severe, meaning you are partially at fault for your injuries and will have your compensation reduced. 

What if the insurance company won’t pay for all my damages?

If the insurance company offers an unreasonable settlement for your damages, you could take the other driver to court to win more than the settlement offer. 

What does “comparative negligence” mean? 

Comparative negligence is a rule that reduces the damages a plaintiff can recover in a negligence-based claim based on the percentage to which the plaintiff’s negligence contributed to the injury. 

Should I talk to the insurance company?

After a motorcycle accident, an insurance adjuster from the other driver’s insurance will likely contact you quickly. They are not calling to help you. They are looking for information to hurt your claim. With this in mind, you should not speak with the other driver’s insurance after an accident.

Can I file if I was a passenger in a crash?

Anyone involved in a motorcycle accident can file a claim against the at-fault driver in Texas. If you were a passenger in a motorcycle accident, you can file a claim with the at-fault driver’s insurance. 

Who pays to fix my bike?

The at-fault driver is responsible for paying to fix the bike. If you are at fault for the accident, you will have to file it with your own company. 

Should I hire a lawyer?

Motorcycle accidents can be very complex situations with tight deadlines. Lawyers know the law and the obstacles that follow a motorcycle accident. A lawyer’s help can make a significant difference in holding the insurance company and at-fault driver accountable. 

Motorcycle collision law firm


If you are in a motorcycle accident that results in a personal injury- no matter the severity—and you are not at fault, you may be eligible for compensation. If this may be your case, you should consult with a personal injury attorney with experience in motorcycle accidents so that you can better your chances of a payout in court.


If a motorcyclist is injured in an accident due to the negligence of another driver, the motorcyclist can recover compensation for losses that result through a personal injury lawsuit. Compensable losses include property loss, medical expenses, lost wages, loss of future earning capacity, and pain and suffering.

Furthermore, if a loved one was killed in a motorcycle accident, family members may be able to recover damages in a wrongful death lawsuit. If you are a loved one was injured in a motorcycle accident, do not hesitate to contact a Texas motorcycle accident attorney at Herrman & Herrman, P.L.L.C., who will review the facts of your case and represent you through this difficult period.


For more information or to schedule an appointment with an experienced Texas lawyer regarding a motorcycle accident injury or death, please contact us first!

Our firm has offices in the following locations: Corpus Christi, Corpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth , TX.