Question 1

Do I have to wear a helmet in Texas?

Accepted Answer

Texas law requires helmets for motorcycle riders and passengers under 21. Riders 21 and older can legally ride without a helmet if they've completed an approved motorcycle safety course or carry qualifying medical insurance. See the full statute. Not wearing a helmet doesn't automatically bar you from recovering compensation after a crash caused by another driver.

Question 2

Can I still recover compensation if I was partly at fault for the crash?

Accepted Answer

Yes, as long as you're found 50% or less responsible. Texas follows a modified comparative negligence rule — often called the "51% bar" — under which you can recover damages reduced by your percentage of fault, but you get nothing if you're found more than 50% at fault. See the statute. Insurance adjusters often lean on stereotypes about riders being reckless to push your share of blame past that threshold, which is exactly why having an attorney push back on those assumptions matters.

Question 3

Why do insurance companies treat motorcycle accident claims differently?

Accepted Answer

Adjusters and even juries sometimes start from the assumption that motorcyclists are reckless, and insurers use that bias to shift blame, minimize injuries, and make lowball settlement offers. Bennett Legal builds cases that counter that bias head-on with evidence, not assumptions.

Question 4

What should I do immediately after a motorcycle accident?

Accepted Answer

Get medical attention right away, document the scene and your injuries, get contact information from witnesses, and avoid giving a recorded statement to any insurer before speaking with an attorney. See all 12 critical steps to take after a motorcycle accident.

Question 5

How long do I have to file a motorcycle accident claim in Texas?

Accepted Answer

Texas generally applies a two-year statute of limitations to motorcycle accident injury claims, the same as other personal injury cases. Evidence in motorcycle crashes — skid marks, vehicle damage, traffic camera footage — can disappear quickly, so it's best to act well before that deadline.

Question 6

What compensation can I recover after a motorcycle accident?

Accepted Answer

You may be entitled to medical expenses, lost income and future earning capacity, pain and suffering, and property damage to your motorcycle and gear. Because motorcycle injuries are often more severe than car accident injuries, these cases frequently involve larger long-term medical and rehabilitation costs that need to be accounted for.

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