Austin Motorcycle Accident Attorney

Legally Reviewed by Kevin Henrichson on November 6, 2026

A motorcycle gives a rider freedom on the open road and almost no protection when another driver makes a mistake. With no crumple zone, airbag, or steel frame between the rider and the pavement, one careless lane change on I-35 or MoPac can leave a rider facing surgery, months away from work, and an insurance company already working to shrink the claim.

As Austin’s oldest personal injury law firm, Byrd Davis Alden & Henrichson, LLP has helped injured Texans for more than 65 years. Riders face a problem many other crash victims do not, because insurers often assume the motorcyclist was at fault. Robert Alden, Board Certified in Civil Trial Law and Personal Injury Trial Law, and Kevin Henrichson, Board Certified in Personal Injury Trial Law, prepare every motorcycle case to answer that bias with evidence. The firm is recognized by U.S. News & World Report as one of the Best Law Firms in the country, and we work to hold negligent drivers accountable for the full cost of a crash.

⚠ Time-Sensitive: Texas Law Limits Your Window to File

Injured in a motorcycle crash in Austin? Texas generally gives you two years from the date of the crash to file a personal injury lawsuit. After that window closes, your right to sue may be gone for good.

Founded in 1959. Board Certified trial attorneys. No fees unless we win.

Why Motorcycle Crashes in Austin Are So Dangerous

Riders absorb the full force of a collision. According to the National Highway Traffic Safety Administration, 6,228 motorcyclists were killed nationwide in 2024. That was 16% of all traffic deaths, even though motorcycles made up only 3% of registered vehicles. Per mile traveled, a motorcyclist’s fatality rate was almost 27 times higher than a passenger car occupant’s.

Texas carries a large share of that toll. TxDOT’s 2024 crash facts report 585 motorcyclists killed on Texas roads that year, and 37% of them were not wearing helmets. Even at moderate speeds, a rider can be thrown into pavement, guardrails, or oncoming traffic with nothing to absorb the impact.

Catastrophic Injuries Riders Suffer

Traumatic brain injuries are among the most devastating results of a motorcycle crash, and even helmeted riders can suffer severe concussions and brain bleeding. Texas does not require helmets for riders 21 or older who complete a safety course or carry qualifying medical insurance, and helmet use can affect a personal injury claim when insurers argue about the severity of a head injury. Spinal cord injuries causing partial or complete paralysis are common, as are compound fractures, severe road rash and burns, internal organ damage, and amputations. These catastrophic injuries often require multiple surgeries, months of rehabilitation, and lifelong care.

Common Causes of Motorcycle Crashes in Texas

Many multi-vehicle motorcycle crashes start with a driver who never saw the rider. Distracted motorists looking at phones instead of the road are a leading threat, especially because a motorcycle’s small profile already makes it harder to spot. Left-turn collisions, where a driver turns across the path of an oncoming motorcycle, are among the most dangerous crash scenarios, and drivers impaired by alcohol have slowed reaction times that make it hard to register an approaching rider. Other common causes include the following:

  • Unsafe lane changes: drivers who fail to check blind spots before merging into a lane a rider already occupies
  • Tailgating: motorists who follow too closely to stop when a rider brakes or swerves around a hazard
  • Failure to yield: drivers who pull out of driveways, parking lots, or side streets directly into a rider’s path
  • Road hazards and defective vehicles: potholes, loose gravel, and mechanical failures such as faulty brakes or tire blowouts that a car might survive but a motorcycle often cannot

Each of these scenarios calls for a careful investigation to identify every liable party and the evidence needed to prove negligence.

Motorcycle Crashes on Austin Roads

Austin’s busiest corridors combine heavy, fast-moving traffic with constant merging, which leaves little room for error around motorcycles. I-35 brings congestion, ongoing construction, and stop-and-go traffic through downtown, while MoPac and US 183 have fast traffic and tight merges at entrance and exit ramps. Ben White Boulevard has busy interchanges, and the curves, hills, and limited sight lines of Loop 360 and FM 2222 draw recreational riders on weekends.

City data shows the risk remains serious. The City of Austin’s March 2026 Mobility Report found that Austin recorded 99 traffic deaths and 301 serious injuries in 2025, with deaths among motorcyclists rising compared with 2024. The same report notes that roughly 65% to 75% of Austin’s traffic fatalities happen on state-owned roads such as highways and frontage roads.

Overcoming Bias Against Motorcycle Riders

Insurance adjusters and defense attorneys often lean on a cultural bias that assumes riders are reckless risk-takers who caused their own injuries. They point to speed, lane position, and the decision to ride at all as reasons to reduce or deny compensation. Texas follows a modified comparative fault rule, which means your recovery is reduced by your percentage of fault and barred entirely if you are found more than 50% responsible.

Our attorneys answer those arguments with accident reconstruction analysis, witness testimony, traffic camera footage, and qualified professional opinions that place blame where it belongs. Insurers may also raise lane position or lane splitting to shift fault onto the rider, which is one reason motorcycle claims differ from car accident claims in important ways.

Who Can Be Held Liable for an Austin Motorcycle Crash

The driver who caused the crash is usually the first party we examine, but often not the only one. If the driver was on the job, an employer may share responsibility. A bar or restaurant that kept serving a visibly intoxicated driver may face dram shop liability under Texas law, and a manufacturer may be responsible when a defective part causes or worsens a crash.

Government entities can also play a role when poor road maintenance contributes to a crash, although those claims often carry much shorter notice deadlines. Identifying every responsible party matters because each one may carry its own insurance coverage.

Motorcycle Insurance and Uninsured Driver Claims in Texas

Texas requires drivers and motorcyclists to carry minimum liability coverage of $30,000 per injured person, $60,000 per crash, and $25,000 for property damage, according to the Texas Department of Insurance. Those limits can run out quickly when a rider suffers a serious injury.

When the at-fault driver has no insurance or too little, your own uninsured/underinsured motorist coverage may help close the gap. We review every available policy, including yours, to find all sources of compensation. Riders can also check their own Texas motorcycle insurance requirements and coverage to see whether this protection is part of their policy.

Compensation Available to Motorcycle Crash Victims

Motorcycle accident compensation in Texas depends on the severity of your injuries, your medical costs and lost income, the at-fault driver’s insurance coverage, and whether you share any fault. You can seek medical bills, lost wages and earning capacity, physical pain and mental anguish, disfigurement, and damage to your motorcycle and riding gear, plus exemplary damages in cases of gross negligence.

A serious crash can produce medical expenses reaching hundreds of thousands of dollars when emergency surgery, intensive care, and long-term rehabilitation are involved. When a crash is fatal, surviving family members may file a wrongful death claim to recover funeral expenses, lost financial support, loss of companionship, and the mental anguish of losing a family member.

Statute of Limitations for Austin Motorcycle Accident Claims

Under Section 16.003 of the Texas Civil Practice and Remedies Code, injured riders generally have two years from the date of the crash to file a personal injury lawsuit. When a crash is fatal, surviving family members generally have two years from the date of death to file a wrongful death claim.

Missing this deadline typically ends your right to recover compensation in court, no matter how strong the evidence is. Claims involving a city, county, or state vehicle or road often require formal notice much sooner. Our guide to the personal injury statute of limitations explains the exceptions in more detail.

Why Riders Choose Byrd Davis Alden & Henrichson, LLP

Insurance companies treat a case differently when they know the attorneys handling it are prepared to try it. We are true personal injury trial lawyers, and that leverage means many cases resolve without a trial, but we have the ability and experience to go to court when a fair offer never comes. You will not see us on a TV commercial or billboard, because clients hire us by reputation and word of mouth.

Board certification from the Texas Board of Legal Specialization is one of the highest credentials a Texas trial lawyer can earn. Robert Alden is Board Certified in both Civil Trial Law and Personal Injury Trial Law, and Kevin Henrichson is Board Certified in Personal Injury Trial Law. Our firm is listed in Super Lawyers, Best Lawyers, Best Law Firms, and the Bar Register of Preeminent Lawyers.

Contact Byrd Davis Alden & Henrichson, LLP About Your Motorcycle Crash

After a motorcycle crash, evidence fades, witnesses become harder to reach, and insurers move quickly to lock riders into low settlements before the full extent of their injuries is known. As Austin’s oldest personal injury law firm, founded in 1959, we act early to preserve evidence, consult the right professionals, and build a case that can stand up to the other side’s tactics.

If you were hurt in a motorcycle crash in Austin or anywhere in Central Texas, we handle every case on a contingency fee basis, so you pay no fees unless we win, and our team is available 24 hours a day, every day. Do not hesitate to schedule an initial consultation with our team.

Frequently Asked Questions About Motorcycle Accidents in Austin

Texas law gives injured motorcyclists two years from the date of the accident to file a personal injury lawsuit. If the crash was fatal, surviving family members have two years from the date of death to bring a wrongful death claim. While two years may seem like ample time, motorcycle accident investigations benefit enormously from acting quickly. Physical evidence degrades, witnesses become harder to locate, and insurance companies begin building their defense immediately. Our Austin office is available to discuss your case and take protective action as soon as you are ready.
Texas does not require motorcyclists to wear helmets if they are 21 or older and have completed a safety course or carry sufficient medical insurance. However, not wearing a helmet can affect your case. Insurance companies and defense attorneys often argue that a rider’s choice not to wear a helmet contributed to the severity of their head injuries. Our attorneys at Byrd Davis Alden & Henrichson, LLP know how to address this argument and work to keep it from unfairly reducing the compensation you may recover.
Many riders feel that police reports automatically assign too much blame to motorcyclists, and those concerns are often well-founded. Law enforcement reports can reflect assumptions rather than facts. At Byrd Davis Alden & Henrichson, LLP, we conduct independent investigations that go beyond the official report. We gather traffic camera footage, analyze physical evidence, consult with accident reconstruction professionals, and interview witnesses. The official report is just one data point, not the final word on fault.
Even if the driver who hit you does not have insurance, you may have recovery options. Texas law allows you to file a claim under your own uninsured or underinsured motorist coverage. If the at-fault driver was working at the time of the crash, their employer may also be liable. In some cases, a business that sold alcohol to an impaired driver can face liability under Texas dram shop laws. Our Austin motorcycle accident attorneys work to identify every available source of compensation specific to your situation.
Many motorcycle accident injuries are not immediately apparent. Adrenaline can mask pain, and some soft tissue injuries, internal damage, and traumatic brain injury symptoms develop over hours or days. Seeking medical attention right away creates an official record linking your injuries to the crash, which is essential to your claim. It also protects your health. If you delay treatment, insurance companies will argue that your injuries were not caused by the accident or were made worse by your own neglect. Contact Byrd Davis Alden & Henrichson, LLP to discuss your case, and follow all medical advice from your providers.
There is no typical amount. Value depends on your injuries, medical costs, lost income, how the injury affects your life, the available insurance, and whether you share fault. Texas reduces compensation by your percentage of fault and bars recovery if you are more than 50% responsible.
Look for trial experience, board certification in personal injury trial law (both Robert Alden and Kevin Henrichson are board certified by the Texas Board of Legal Specialization), experience with catastrophic injuries, a contingency fee arrangement, and familiarity with local courts. An initial consultation is a good chance to ask how the firm would handle your case.
Yes. Repair or replacement of your motorcycle, helmet, jacket, boots, and other gear can be included in your property damage claim. Keep damaged gear and receipts as evidence.